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Foreign Investment and the Environment in International Law

Foreign Investment and the Environment in International Law

作者： Jorge Vinuales
出版商： Cambridge University Press
ISBN: 9781107521810
出版时间 April 2015
规格： Paperback
适应领域： U.K. ? 免责申明：
Countri(es) stated herein are used as reference only

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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.

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