9780511902567 (ebook) 9781107006386 (hardback) 9781107521810 (paperback)
Cambridge studies in international and comparative law (Cambridge, England : 1996) ; 94.
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.
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Formatted Contents Note
Changing winds : three signs Conceptualising interactions Synergies : harnessing foreign investment to promote environmental protection Conflicts I : soft-control mechanisms Conflicts II : adjudication mechanisms 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 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.