Foreign Investment and the Environment in International Law (Cambridge Studies in International and Comparative Law)
Cambridge University Press
Edition: Reprint, 4/16/2015
EAN 9781107521810, ISBN10: 1107521815
Paperback, 478 pages, 22.9 x 15.2 x 2.7 cm
Language: English
Originally published in English
Conflicts between foreign investment law and environmental law are becoming increasingly frequent. On the one hand, the rise of environmental regulation poses significant challenges to foreign investors in several industries. On the other, the surge in investment arbitration proceedings is making States aware of the important litigation risks that may result from the adoption of environmental regulation. This study of the relationship between these two areas of law adopts both a policy and a practical perspective. It identifies the major challenges facing States, foreign investors and their legal advisers as a result of the potential friction between investment law and environmental law and provides a detailed analysis of all the major legal issues on the basis of a comprehensive study of the jurisprudence from investment tribunals, human rights courts and bodies, the ICJ, the WTO, the ITLOS, the CJEU and other adjudication mechanisms.
Introductory observations
Part I. Setting the Framework
1. The increasing interactions between foreign investment law and international environmental law
2. Conceptualising interactions
3. Synergies
4. Conflicts I - soft-control mechanisms
5. Conflicts II - adjudication mechanisms
Part II. Normative Conflicts
6. Normative priority in international law
7. Foreign investment and the international regulation of freshwater
8. Foreign investment and the protection of biological and cultural diversity
9. Foreign investment and the international regulation of dangerous substances and activities
10. Foreign investment and the climate change regime
Part III. Legitimacy Conflicts
11. Normative priority between different legal systems
12. Environmental measures and expropriation clauses
13. Environmental measures and non-discrimination standards
14. Environmental measures, stability and due process
15. Defence arguments based on environmental considerations
Concluding observations.