Towards Greater Investor Accountability: Indirect Actions, Direct Actions by States and Direct Actions by Individuals

Abstract Investor accountability in international investment law (IIL) has been gaining increasing traction recent years. Most visibly, some states have included investor obligations their treaties, while others made them part of model treaties. While highly significant for the substance IIL, these duties need adequate procedural tools to enforce them. Otherwise, will be only decorative features treaties without any legal meaning. The oft-discussed option counterclaims is limited insofar as it may launched after an a claim against state. As result, important identify other potential pieces infrastructure accountability. This article analyses three such methods: indirect actions that link investor's access arbitration its compliance with rules and standards, whether domestic or law; direct by investors; individuals investors. In each case, we assess existing landscape arbitral treaty practice, most promising avenues advancing method accountability, challenges avenues. Given focus negotiations ISDS reform taking place at UNCITRAL Working Group 3, particularly opportune time this exploration options.