A responsabilidade social corporativa como instrumento de ponderação da proteção do investidor estrangeiro nos tratados de investimentos brasileiros

Abstract

The structure of international investment law has been questioned. International investment treaties have been challenged due to the existence of an imbalance in the relationship between the investor and the state receiving the investment. In this context, corporate social responsibility (CSR) has emerged as an institute that seeks to encourage investors, through self-regulation, to contribute to the development of the host state. Although it is a process that depends on the investor's initiative, failure to comply with it can have effects on the investor's legal sphere. Therefore, the article's problem involves investigating the role of this institute as a vector for weighing up the protection afforded to foreign investors in the Cooperation and Facilitation Investment Agreements (CFIA). The aim is to demonstrate whether CSR, although a soft law, is capable of promoting a rebalancing of this relationship, through its application as an interpretive instrument in the dispute resolution system of the Brazilian model. The method used is qualitative-theoretical, through a literature review and qualitative analysis of Brazilian bilateral investment treaties. The final conclusion is that it is possible to apply corporate social responsibility as a mechanism for weighing up investor treatment standards in FTAs.