Balancing Rights and Duties of Hosts and Guests under International Law: The Case Study of Investment Law

Abstract

In international law, the concept of the “host” state is ubiquitous. Host states are where International Organizations are headquartered; they are the recipients of aid and peacekeeping forces. Host states are also the beneficiaries of foreign investment. As opposed to the home state, where the business, entity, or troops are permanently located, the host state typically has a temporary relationship with the entity in question. Treaties, contracts and other legal instruments with host states regulate the rights, duties, status, privileges and sometimes even immunities of the entities within its territory. My project investigates the duality and power imbalances surrounding the concept of host states, and connects it to the broader conversation about hospitality, which is particularly pertinent in light of recent border closures due to Covid-19. In particular, I trace the long history of the concept of hospitality and hosts, from the ancient Greeks to Kant and more recently, Derrida and Arendt. I discuss the perceived rights and duties of host states, and investigate how the fragmentation of the nation state, has complicated the public work of the United Nations with regards to non-state actors like terrorists, and the private work of Investors.