ABSTRACT
This chapter analyses whether dispute resolution in connection with international investment agreements (IIAs) and free trade agreements (FTAs) sufficiently takes the position of victims of such abuses into account. It not only focuses on the negotiations of an IIA between the European Union (EU) and China, but also has broader relevance for other IIAs and FTAs. The chapter assesses whether the dispute resolution systems are equipped to adequately address victims’ interests. The acceptance of dispute resolution by a national contact points (NCP) and implementing the result of that NCP or its recommendations if no agreement is reached can be made as requirements for protection if complaints are filed in connection with the project for which the investor seeks protection. Governments may decide to implement corporate social responsibility (CSR) considerations in protection chapters in IIAs or FTAs in order to strengthen the notion mentioned of the obligations of companies under international law because of their CSR/business human-rights strategies.
