Beyond drip-painting? Ten years of GAL and the emergence of a global administration

International Investor Obligations

“…such obligations prohibit only the gravest forms of atrocities and also do not address corporations. 32 Furthermore, while ius cogens is broadly accept ed to directly bind non-state actors, 33 it only covers the most elemental norms such as the prohibition of torture. The same is true for international humanitarian law.…”

“…Affirming that corporations can be subjects of international law, 33 it ar gued that private actors had to abstain from harming human rights of others, including the right to water. 34 It derived this obligation from different treaties and declarations such as the ILO Tripartite Declaration of Principles concerning Multilateral Enterprises and Social Policy, 35 the UDHR, 36 the ICCPR and ICESCR.…”

“…One can find similar clauses for example in Art 9 BLEU-Burundi BIT 33 which was applied in Goetz v Burundi (Goetz II), 34 and Art 11 Ukraine-Ger many BIT 35 invoked in Inmaris v Ukraine, 36 both proceedings involving a counterclaim by the host state. These Tribunals relied solely on the word ing of these provisions in determining if the IIA in question generally pro vided for jurisdiction for counterclaims.…”

“…The economic power of major multinational enterprises often exceeds the net income growth of smaller states. 33 This economic weight equals power. 34 It is, therefore, self-evident that such private or non-state actors are increasingly regarded as highly important for states and the furthering of the public interest.…”

Post-national (international) law at the end of history

“…GAL is a way to both explain a changing world and offer solutions to what is sees as common phenomena. A map of the world painted in the GAL brush would look like a Jackson Pollock painting (Casini 2015): a lot of different colours and clusters of paint connected by streaks denoting possible connections between clusters and the effects that they might have on different paint drops.…”