This is the 17th annual business law forum at Lewis & Clark Law School. This forum evaluates international investment law (ILL) through a lens of sustainable development. Leading scholars consider legal mechanisms available for reconciling a dichotomy associated with foreign investment: its potential to promote economic development and raise standards of living, on the one hand, and its potential adverse impacts on the environment and local populations, on the other. The participants evaluate options within IIL for balancing investor protections with the environment and human rights, as well as potential solutions external to IIL, including principles of corporate social responsibility, standards imposed by international financial institutions, and contractual devices.
Segment One Welcome, Opening Remarks, and Features of the Existing Investment Law Regime that Can Promote Balance
Kenneth J. Vandevelde, Rebalancing Through Exceptions
Andrea K. Bjorklund, The Role of Counterclaims in Rebalancing Investment Law
Moderator: Jennifer J. Johnson
Segment Two Intersections between Human Rights and International Investment Law
Susan L. Karamanian, The Place of Human Rights in Investor-State Arbitration
George K. Foster, Power Asymmetries in International Investment and the Stabilizing Potential of Investment Treaties
Moderator: John Grant
Segment Three Reconceptualizing International Investment Law
Howard Mann The International Investment Regime and Sustainable Development: From Two Solitudes to Integration?
Barnali Choudhury, International Investment Law as a Global Public Good
Moderator: Chris Wold
Segment Four Corporate Social Responsibility Standards in the Extractive Industries: Their Nature, Importance, and Implications
Evaristus Oshionebo The OECD Guidelines for Multinational Enterprises as Mechanisms for Sustainable Development of Natural Resources: Real Solutions or Window Dressing?
Luke J. Danielson, The Emerging International Framework for the Sustainable Development of Natural Resources and Its Implications for Investment Law
Moderator: Amy Bushaw
Closing comments by George Foster
Note: The Fall Forum applied for 5.0 general MCLE credits in Oregon and has been approved for 5.0 general MCLE credits in Washington.
The program was held at Lewis & Clark Law School in Portland, Oregon on October 12, 2012.