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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Foreign Investment and the Environment in International Law

ISBN13: 9781107521810
Published: April 2015
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2012)
Price: £27.99
Hardback edition , ISBN13 9781107006386

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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.

Environmental Law, Public International Law, International Investment Law
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.