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Corporations can sue countries under international law. Countries cannot hold corporations accountable under international law.

Here's something that should infuriate you, when a multinational corporation feels a government regulation hurt their profits, they can haul that country before an international tribunal and demand compensation. This happens regularly through something called Investor State Dispute Settlement (ISDS).

But when a corporation violates environmental laws or human rights? The country has to rely on its own domestic courts. There is no international tribunal where governments can hold corporations accountable.

This isn't some oversight. It's a structural feature of how international investment law developed, designed during the colonial era specifically to protect capital exporting nations and their corporations from "risky" developing countries.

Recently, some African nations tried to change this. Nigeria and Morocco signed a treaty that attempted to impose environmental obligations directly on foreign investors, requiring environmental impact assessments and precautionary approaches. Similar model treaties emerged from regional African bodies.

But here's where it gets darkly absurd, even when these treaties explicitly say investors must follow "international environmental obligations," arbitration tribunals have consistently ruled they'll only enforce these through domestic law. The international law reference? Ornamental.

One tribunal literally stated that it can no longer be admitted that companies operating internationally are immune from becoming subjects of international law then immediately refused to hold the company accountable under international law.

The language games are telling too. Tribunals carefully use 'precautionary approach' instead of 'precautionary principle' because calling it a principle might make it sound... binding.

The asymmetry isn't accidental. International investment law gives corporations international rights without corresponding international duties. And when countries try to rebalance this through new treaties, those treaties either never get ratified (the Pan African Investment Code was downgraded to a 'policy document') or get interpreted into meaninglessness by tribunals.

The system isn't broken. It's working exactly as intended, for some.

**Source**: Recent legal analysis examining bilateral investment treaties and customary international environmental law, published in a Cambridge University Press collection on investment law.

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