Work

The rise of due diligence in international investment law

Year: 2026

Type: article

Abstract: Due diligence has long been understood as both a duty and a constraint upon State behaviour. Can it perform the same role in relation to investor conduct? The principal aim of this article is to provide a novel and systematic analysis of investor due diligence in international investment law. It problematizes the emerging approaches to investor due diligence by situating it at the heart of the competing visions on how international investment law articulates fairness through the standards of appropriate behaviour for States and investors, respectively. The article interrogates how arbitral approaches to due diligence expose international investment law’s enduring asymmetries, deficits, and resistance to change, especially when it comes to incentivizing and enforcing responsible and accountable investor conduct.

Source: Journal of International Economic Law

DOI: 10.1093/jiel/jgag007

Authors: Mavluda Sattorova, Jean Ho

Institutions: University of Liverpool, National University of Singapore

Language: English

Topic: International Arbitration and Investment Law

Subfield: Strategy and Management

Field: Business, Management and Accounting

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: hybrid

Estimated APC paid: $4,535