Corporate Social Responsibility and foreign direct investment: the Indian Investment Treaty approach and beyond

Very few countries have yet adopted a legally binding definition of Corporate Social Responsibility (CSR) and ascribe certain clear obligations to the duty bearer i.e. the Company. That is exactly what India has done with the Section 135 of the 2013 Company Act and, a few years later, the less daring Article 12 of the 2015 new model BIT, which however clearly echoes a unique endeavour to address the societal needs of a 1.3 billion population still massively suffering from poverty. In critically addressing the inclusion of CSR related provisions in International Investment Agreements (I) and the Indian Way to CSR (II), this article reflects upon the pressing need for an alternative and legal approach shifting from mere responsibilities and values to rights. We indeed conclude in supporting the Indian legislative and treaty initiatives, but also in suggesting to go one step further in adopting, in India and globally, a Human Rights-Based (HRBA) approach to international treaty negotiation and dispute settlement for it is the only perspective, which is inclusive and sustainable as it rests upon the shared inalienable and indivisible rights of all and for all.