2019 Monographs

Legal Frameworks and Foreign Investment: A Primer on Governments' Obligations

Cordes, Kaitlin Y.; Johnson, Lise; Szoke-Burke, Sam; Maweni, Rumbidzai

Legal frameworks, and how they interact, are often invisible in the day to day. Yet they are powerful forces that influence government actions and that help to shape who benefits and who loses from foreign investment. Understanding these legal frameworks, and how they interact, is critical for anyone concerned with how foreign investment can be better harnessed to support, rather than weaken, sustainable development and human rights.

This primer provides a brief overview of host government obligations under international investment law, international human rights law, domestic law, and relevant investor-state contracts. It also highlights some of the ways in which those legal obligations may affect or conflict with each other.