Reimagining International Investment Law: Empowering Rightsholders and Addressing Legal Imperialism

Abstract This article builds on the recommendations of the United Nations Working Group on Business and Human Rights to argue for the integration of access-to-remedy clauses into international investment agreements (IIAs). It contends that international investment law (IIL) exhibits imperialist tendencies, privileging corporate interests while neglecting rightsholders and thereby entrenching systemic injustice. Using the framework of legal imperialism, the article highlights how existing investment regimes create structural imbalances that deny victims’ meaningful redress. Moving beyond proposals limited to procedural reform within IIL, it advances a normative case for incorporating remedy clauses into IIAs, particularly to enable rightsholders to pursue claims in host states where harms occur. Drawing on examples from the Global South, it identifies persistent barriers such as jurisdictional hurdles and enforcement gaps. The article’s contribution lies in reframing IIAs not merely as instruments of investor protection but as potential vehicles for systemic correction, capable of moving transnational law towards equitable remedies.