Raising the Bar: Home Country Efforts to Regulate Foreign Investment for Sustainable Development
Much of the effort to regulate foreign investment for sustainable development focuses on the actions of host states, overlooking the role of home countries. In recent years, however, there has been growing dialogue over whether, in addition to supporting their firms in making foreign direct investments, home countries should also monitor or regulate the activities of companies operating abroad, for example, with regards to the disclosure of tax payments, or impacts on human rights, the environment, or development.
Legal experts have argued that home countries have extraterritorial obligations under international law, including with respect to regulating the activities of both publicly controlled as well as private companies. The increasing pressure on home countries to monitor or regulate the overseas activities of multinational companies also results from a sense of moral duty, the desire for greater coherency of governmental policies and actions, and perceptions of potential political or economic self-interest. Yet, while home countries have influence over outward investors, are willing to exercise extraterritorial power in certain contexts, and are often committed to sustainable development, their policies and actions are not always coherent.
This conference looks at home country measures that have been taken unilaterally or multilaterally to monitor or regulate foreign investment, why states have taken these measures, whether they have a duty to do so, what lessons can be learned from both successful and failed attempts, and what further efforts may be useful or necessary to regulate investment for sustainable development.
New York City, NY; NYC
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