The abusive conduct of private foreign investors is of growing concern for our globalized economy. A look at the applicability of the 1969 Vienna Convention on the Law of Treaties (VCLT)—the legal framework that regulates interstate treaties—reveals it to enable the creation of “imbalanced” investment agreements which neglect to regulate private conduct. The global interplay of corporations and states has the potential to result in corporate encroachment on concerns related to intrastate human rights—and fixing this discrepancy is critical to ensuring equity under international law.
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