September 19, 2025Michigan Law Review

Citizen Shareholders: The State as a Fiduciary in International Investment Law

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Authors

ETE. Maunde ThompsonUniversity of Michigan

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Implication

This Note advocates applying the fiduciary duty theory to balance investor rights with human rights obligations, suggesting treaty and interpretation reforms.

Key Points

The fiduciary theory of statehood redefines the relationship between states and their citizens, promoting human rights.
Arbitral awards in international investment law can reach hundreds of millions, leading to regulatory chill on states.
International investment law must balance investor protection with state sovereignty to enhance legitimacy.
The proposed approaches include drafting treaties, judicial interpretation, and norm diffusion among stakeholders.

Cite This Study

E. Maunde Thompson (2025) studied this question.

synapsesocial.com/papers/68d464f831b076d99fa6463a https://doi.org/10.36644/mlr.124.1.citizen

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Implication

This Note advocates applying the fiduciary duty theory to balance investor rights with human rights obligations, suggesting treaty and interpretation reforms.

Citizen Shareholders: The State as a Fiduciary in International Investment Law

Discussion

Member takes

Implication

Key Points

Cite This Study

Citizen Shareholders: The State as a Fiduciary in International Investment Law

Discussion

Member takes

Implication

Key Points

Cite This Study

Also Consider

Also Consider