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9781107006386

Foreign Investment and the Environment in International Law

by
  • ISBN13:

    9781107006386

  • ISBN10:

    1107006384

  • Format: Hardcover
  • Copyright: 2012-10-31
  • Publisher: Cambridge Univ Pr

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Summary

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.

Table of Contents

Introductory observations
Setting the Framework
The increasing interactions between foreign investment law and international environmental law
Conceptualising interactions
Synergies
Conflicts I - soft-control mechanisms
Conflicts II - adjudication mechanisms
Normative Conflicts
Normative priority in international law
Foreign investment and the international regulation of freshwater
Foreign investment and the protection of biological and cultural diversity
Foreign investment and the international regulation of dangerous substances and activities
Foreign investment and the climate change regime
Legitimacy Conflicts
Normative priority between different legal systems
Environmental measures and expropriation clauses
Environmental measures and non-discrimination standards
Environmental measures, stability and due process
Defence arguments based on environmental considerations
Concluding observations
Table of Contents provided by Publisher. All Rights Reserved.

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