Ghahramani, Salar --- "SWFs and human rights protection" [2015] ELECD 651; in Bassan, Fabio (ed), "Research Handbook on Sovereign Wealth Funds and International Investment Law" (Edward Elgar Publishing, 2015) 321

Book Title: Research Handbook on Sovereign Wealth Funds and International Investment Law

Editor(s): Bassan, Fabio

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781781955192

Section: Chapter 11

Section Title: SWFs and human rights protection

Author(s): Ghahramani, Salar

Number of pages: 12

Abstract/Description:

This chapter examines how sovereign wealth funds may pursue human rights principles through shareholder activism and explores the complicity and due diligence notions of SWFs under international norms. The chapter also investigates whether the standard of care should be the same or different from the highest standard utilized by state-owned enterprises and addresses the concept of ‘double contradiction’ in SWF activities: the potential conflict between pursuing rights-based objectives versus profit maximization. Positing that SWFs are state actors, the chapter concludes that the state’s legal obligations under international law must clearly trump the profit mandates of its SWFs.