The Relationship between a Host State and a Foreign Corporate Investor. A Few Remarks under International and EU Laws

The present essay focuses on the activities of states and international organisations concerning the relationship between a host state and a foreign corporate investor. At the end of the decolonisation process, these actions were directed to set rules and principles of conduct for multinational enterprises operating abroad through the conclusion of an international treaty. Since the 90s of the last century, the pursuance of sustainable development has led states and international organisations to deal with corporate social responsibility through international non-binding instruments. Corporate social responsibility has been conceptualised as a voluntary response of multinational enterprises to criticism arising from their alleged lack of concern about the social and environmental impact of their activities on host states. After sketching out the main elements of the relevant international regulatory and policy actions, this essay shows how, since then, states and international organisa- tions, as well as the European Union have acted for the realisation of qualitative, that is, sustainable, foreign investments. To this end, certain states have included provisions and/or clauses on corporate social responsibility in their international investment treaties. The EU Commission has done the same since 2009, when the European Union became competent on foreign direct investment within its common commercial policy. A few concluding remarks will be made on the results of these activities and on what concept of corporate social responsibility can be inferred from international investment treaties.