Abstract:
To address the shortcomings that have been identified with the international investment law system, treaty reforms have been proposed that attempt to make provision for the liability of investors for their conduct which has negative impacts on the host state. These include the use of home state courts and the use of counterclaims in investor state arbitration. The question is whether these provisions provide adequate protection to the citizens of host states who face the brunt of negative investor conduct. The paper finds that these measures are not sufficient to provide adequate redress. The paper recommends the incorporation of national courts in the resolution of investment disputes, the increased enforceability of national court decisions across borders as well as providing affected communities access to an adequate and equivalent remedy at the international level. This will give local communities the means through which their rights can be adequately vindicated in the context of international investment law disputes.
Cite As: Kathleen Mpofu, Assessing the Viability of Investor Liability Provisions in the Reform Agenda of International Investment Law, Volume 5, AfJIEL, (2025), 49-71.