Fourth Keynote Speech of the “Fudan Transnational Corporations and Law Forum”: International Investment Agreements and Corporate Social Responsibility

Updated: 04,06,2021

On April 2nd, 2021, the fourth keynote speech of the “Fudan Transnational Corporations and Law Forum” and the second episode of this Forum’s special series of “TNCs and International Investment Agreements” was held successfully online. The speech titled “International Investment Agreements and Corporate Social Responsibility” was delivered by ZHU Ying, Assistant Professor of Renmin University of China, J.S.D. and LL.M. of Yale University Law School, a rising junior scholar specialized in international economic law and international environmental law. At the beginning of the speech, based on the facts of the well-known case of Bilcon v. Canada, Dr. ZHU introduced how the doctrines of “like circumstances” and “differential treatments” play out in cases where the protection granted to foreign investors under international investment agreements is balanced against the regulator authority of the host state for purposes of public interests. She then proceeded to analyze different categories of corporate social responsibility clauses in various international agreements from the perspectives of the content and the degree of binding force. Dr. ZHU further illustrated the paths in which corporate social responsibility clause can and should be incorporated into international investment agreements mainly through the case of Zelena v. Serbia.

Professor HAN Liyu of Renmin University of China and Professor CAI Congyan of Fudan University Law School were invited as special commentators. They thanked Dr. ZHU for her remarkable speech and elaborated on the trend of development in this area and more generalized significance regarding the evolving subject of international law from states to private actors. This event ended in heated discussions between the speaker and the audience.

On next Friday, April 9th, the Forum will host the fifth keynote speech titled “Data Monopoly of TNCs through Legal Means: The EU’s Approach” by Professor ZHANG Sheng of Xi’an Jiaotong University School of Law.

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