Правовые средства защиты интересов инвесторов при нарушении компаниями международных экологических стандартов

Российский юридический журнал. 2024. Т. 157. № 4. С. 164–179.

Габриелов В. А.

This article analyzes the effectiveness of legal methods of protection that investors can use to safeguard their interests when companies violate international environmental standards. The author examines judicial practices and alternative dispute resolution practices, identifying the problems faced by investors and NGOs that protect their interests, as well as the actions they can take to increase the likelihood of winning a dispute with unscrupulous companies. International environmental standards, which are prevalent in business practices, are predominantly advisory in nature, and courts do not consider their violation as a basis for holding companies accountable. The analysis of judicial practice showed that referencing international treaties related to sustainable development, such as the 2015 Paris Agreement, and mandatory acts of international organizations, such as EU directives, increases the likelihood of winning a dispute. Furthermore, it is possible to link the violation of an advisory international environmental standard with the violation of national legislation, as this constitutes misleading investors, consumers, and civil society. Alternative dispute resolution demonstrates fairly high efficiency but is not always feasible because companies are often unwilling to acknowledge the fact of providing false information and try to avoid engaging with investors on this issue. An exceptional case is the practice of OECD National Contact Points, which provide effective mediation and facilitate dialogue between investors and companies to develop a mutually acceptable solution. The author concludes that courts are gradually forming uniform approaches to resolving such disputes, and the arguments of investors and NGOs protecting their interests are becoming more legally substantiated. There is a trend towards an increasing number of cases in which they achieve victory.

Keywords: международное право, судебная практика, устойчивое развитие, court practice, инвесторы, sustainable development, ESG, ESG, International environmental standards, international law, Investors, международные экологические стандарты