Bridging the Gap Between International Investment Law and the Environment
Bridging the Gap Between International Investment Law and the Environment

Author: Yulia Levashova

Publisher:

Published: 2016

Total Pages: 0

ISBN-13: 9789462365872

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This book addresses the topical question on how national and international environmental concerns could be adequately integrated into international investment law. It covers the question whether international investment law restricts state sovereignty in an unacceptable way - in particular, the freedom of host states to develop national policies and regulation for the improvement of the environment. The book first analyzes the interaction between international investment law and the protection of the environment, on the basis of concepts such as sustainable development, fair and equitable treatment, and international responsibility. Secondly, several chapters discuss challenges which are encountered in attempts to integrate environmental concerns in investment policies in specific sectors and regions (e.g. climate change, water pollution, renewable and nuclear energy, and the European Union region). And, finally, specific case studies illustrate the legal and policy tensions between investment law and environmental protection, namely Vattenfall's disputes with Germany, legal clashes between Chevron and Ecuador, and multinational mining companies' conflicts in Indonesia. The contributions are written by international experts and will be of interest to policy makers and practitioners. *** Librarians: ebook available (Series: Legal Perspectives for Global Challenges - Vol. 4) [Subject: International Law, Investment Law, Environmental Law]

Investment Treaty Law and Climate Change
Investment Treaty Law and Climate Change

Author: Tomás Restrepo Rodríguez

Publisher: Springer Nature

Published: 2023-01-01

Total Pages: 348

ISBN-13: 3031186559

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The book deals with the question whether the investment treaty law system could be harmonized with the climate change international legal framework and the climate interest that lies beyond. The answer to this research question is divided into three parts. The first examines the relevance of the climate change international legal framework in investment treaty disputes as a natural pre(logical)interpretative stage. The second focuses on the BIT’s content-interpretation, which is the orthodox approach to solve the fragmentation between the system of investment treaty law and the system of international climate change law. Finally, the third part tackles this fragmentation through a heterodox approach that is grounded in the direct application of climate change principles through law ascertainment. Apart from concluding that harmonization between investment treaty law and international climate change law is possible through the orthodox approach to the expropriation and the FET standards, as well as through the direct application of the climate change precautionary principle and the CBDRRC principle − heterodox approach, the book suggests that tribunals are expected soon to openly address climate change disputes in their rulings.

The Political Economy of the Investment Treaty Regime
The Political Economy of the Investment Treaty Regime

Author: Jonathan Bonnitcha

Publisher: Oxford University Press

Published: 2017

Total Pages: 354

ISBN-13: 019871954X

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Investment treaties are some of the most controversial but least understood instruments of global economic governance. Public interest in international investment arbitration is growing and some developed and developing countries are beginning to revisit their investment treaty policies. The Political Economy of the Investment Treaty Regime synthesises and advances the growing literature on this subject by integrating legal, economic, and political perspectives. Based on an analysis of the substantive and procedural rights conferred by investment treaties, it asks four basic questions. What are the costs and benefits of investment treaties for investors, states, and other stakeholders? Why did developed and developing countries sign the treaties? Why should private arbitrators be allowed to review public regulations passed by states? And what is the relationship between the investment treaty regime and the broader regime complex that governs international investment? Through a concise, but comprehensive, analysis, this book fills in some of the many "blind spots" of academics from different disciplines, and is the first port of call for lawyers, investors, policy-makers, and stakeholders trying to make sense of these critical instruments governing investor-state relations.

Investment Law within International Law
Investment Law within International Law

Author: Freya Baetens

Publisher: Cambridge University Press

Published: 2013-08-01

Total Pages: 569

ISBN-13: 1107434912

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Developments within various sub-fields of international law influence international investment law, but changes in investment law also have an impact on the evolution of other fields within international law. Through contributions from leading scholars and practitioners, this book analyses specific links between investment law and other sub-fields of international law such as the law on armed conflict, human rights, sustainable development, trade, development and EU law. In particular, this book scrutinises how concepts, principles and rules developed in the context of such sub-fields could inform the content of investment law. Solutions aimed at resolving problems in other settings may provide instructive examples for addressing current problems in the field of investment law, and vice versa. The underlying question is whether key sub-fields of public international law, notably international investment law, are open to cross-fertilisation, or, whether they are evolving further into self-contained regimes.

Sustainable Development in World Investment Law
Sustainable Development in World Investment Law

Author: Marie-Claire Cordonier Segger

Publisher: Kluwer Law International B.V.

Published: 2011-01-01

Total Pages: 978

ISBN-13: 9041131663

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Sustainable development, as defined by the World Commission on Environment and Development, is "development that meets the needs of the present without compromising the ability of future generations to meet their own needs." More specifically, sustainable development is a process of change that seeks to improve the collective quality of life by focusing on economically, socially, and environmentally sound projects that are viable in the long-term. Sustainable development requires structural economic change and the foundation of that change is investment. In developing nations with low levels of domestic savings, investment predictably comes from abroad in the form of foreign direct investment. A large and ever expanding number of international investment agreements are in place to govern these transactions. While these accords seek to foster development while mitigating the risk involved in these types investments, many questions remain unresolved. This highly insightful book reflects the contributions of a variety of world renowned experts each of which is designed to provide the reader with valuable perspective on recent developments in investment law negotiations and jurisprudence from a sustainable development law perspective. It offers answers to pertinent questions concerning advancements in investment law, including the negotiation of numerous regional and bilateral agreements as well as the increasing number of disputes resolved in the World Bank's International Centre for the Settlement of Investment Disputes (ICSID), from different developed and developing country perspectives. It lays out future directions for new treaty negotiations and dispute settlement proceedings, as well as ongoing investment promotion efforts, against a background of rapidly evolving international relationships between economic, environment and development law. It focuses on key issues in investment laws which have emerged as priorities in the negotiation of bilateral and regional investment agreements, and have been clarified through recent decisions of the ICSID and other arbitral panel awards.

Evolution in Investment Treaty Law and Arbitration
Evolution in Investment Treaty Law and Arbitration

Author: Chester Brown

Publisher: Cambridge University Press

Published: 2011-11-17

Total Pages: 747

ISBN-13: 1139503618

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International investment law is in a state of evolution. With the advent of investor-State arbitration in the latter part of the twentieth century - and its exponential growth over the last decade - new levels of complexity, uncertainty and substantive expansion are emerging. States continue to enter into investment treaties and the number of investor-State arbitration claims continues to rise. At the same time, the various participants in investment treaty arbitration are faced with increasingly difficult issues concerning the fundamental character of the investment treaty regime, the role of the actors in international investment law, the new significance of procedure in the settlement of disputes and the emergence of cross-cutting issues. Bringing together established scholars and practitioners, as well as members of a new generation of international investment lawyers, this volume examines these developments and provides a balanced assessment of the challenges being faced in the field.

Public Interests in International Investment Law
Public Interests in International Investment Law

Author: Qiang Ren

Publisher: Cambridge Scholars Publishing

Published: 2019-01-17

Total Pages: 286

ISBN-13: 1527526003

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Are conflicts between the ‘old capitalists’ and ‘new money’ manifest in today’s economy? Are investment treaties, which have traditionally been used to protect capital exporting states, now beginning to cause unwelcome side effects for them? International investment law has long been held as an economic and political instrument in the regime of international investment, with international investment treaties having been concluded to protect foreign investment and investors for a substantial period of time. However, the emerging new economic powers from the Third World are causing this to change. Taking the unique perspective of environmental protection in host states against states’ obligations to protect and promote foreign investments under the existing international investment treaty practice and dispute settlement practices, this book examines this inescapable conflict. This is the first major work in this field to interpret investment treaty provisions by introducing environmental reflection. It offers proposals for rethinking and reshaping the current pro-investor international investment law through taking up broad environmental exceptions.

The Oxford Handbook of International Climate Change Law
The Oxford Handbook of International Climate Change Law

Author: Cinnamon Piñon Carlarne

Publisher: Oxford University Press

Published: 2016

Total Pages: 849

ISBN-13: 019968460X

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As the threats posed by changing weather patterns are becoming more apparent, climate change law has emerged as an important area of law in its own right. This Handbook provides a comprehensive understanding of this growing subject, setting out the key institutions and processes, and featuring interdisciplinary insights from leading experts.

Climate Change Litigation: Global Perspectives
Climate Change Litigation: Global Perspectives

Author: Ivano Alogna

Publisher: BRILL

Published: 2021-04-26

Total Pages: 567

ISBN-13: 900444761X

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This ground-breaking volume provides analyses from experts around the globe on the part played by national and international law, through legislation and the courts, in advancing efforts to tackle climate change, and what needs to be done in the future. Published under the auspices of the British Institute of International and Comparative Law (BIICL), the volume builds on an event convened at BIICL, which brought together academics, legal practitioners and NGO representatives. The volume offers not only the insights from that event, but also additional materials, sollicited to offer the reader a more complete picture of how climate change litigation is evolving in a global perspective, highlighting both opportunities, and constraints.

The Oxford Handbook of International Arbitration
The Oxford Handbook of International Arbitration

Author: Thomas Schultz

Publisher: Oxford University Press

Published: 2020-09-11

Total Pages: 1008

ISBN-13: 0192515977

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This Handbook brings together many of the key scholars and leading practitioners in international arbitration, to present and examine cutting-edge knowledge in the field. Innovative in its breadth of coverage, chapter-topics range from the practicalities of how arbitration works, to big picture discussions of the actors involved and the values that underpin it. The book includes critical analysis of some of international arbitrations most controversial aspects, whilst providing a nuanced account overall that allows readers to draw their own informed conclusions. The book is divided into six parts, after an introduction discussing the formation of knowledge in the field. Part I provides an overview of the key legal notions needed to understand how international arbitration technically works, such as the relation between arbitration and law, the power of arbitral tribunals to make decisions, the appointment of arbitrators, and the role of public policy. Part II focuses on key actors in international arbitration, such as arbitrators, parties choosing arbitrators, and civil society. Part III examines the central values at stake in the field, including efficiency, legal certainty, and constitutional ideals. Part IV discusses intellectual paradigms structuring the thinking in and about international arbitration, such as the idea of autonomous transnational legal orders and conflicts of law. Part V presents the empirical evidence we currently have about the operations and effects of both commercial and investment arbitration. Finally, Part VI provides different disciplinary perspectives on international arbitration, including historical, sociological, literary, economic, and psychological accounts.