Harnessing Foreign Investment to Promote Environmental Protection Incentives and Safeguards

About this book

Harnessing Foreign Investment to Promote Environmental Protection investigates the main challenges facing the implementation of environmental protection and the synergies between foreign investment and environmental protection. Adopting legal, economic and political perspectives, the contributing authors analyse the various incentives which encourage foreign investment into pro-environment projects (such as funds, project-finance, market mechanisms, payments-for-ecosystem services and insurance) and the safeguards against its potentially harmful effects (investment regulation, CSR and accountability mechanisms, contracts and codes of conduct).

Contents

Introductory observations Pierre-Marie Dupuy and Jorge E. Viñuales

Part I. Protecting the Environment in the XXI Century: The Role of the Private Sector:
1. International Environmental Law: looking at the past to shape the future Pierre-Marie Dupuy
2. The private sector and the challenge of implementation Francesco Francioni
3. The political environment of environmental law Urs Luterbacher
4. The applicability of international environmental law to private enterprises Sandrine Maljean-Dubois and Vanessa Richard
5. Economics of green economies: investment in green growth and how it works Timothy Swanson and Shaun Larcom

Part II. Foreign Investment and Environmental Protection: Incentives:
6. Key instruments of private environmental finance: funds, project finance and market mechanisms Magnus Jesko Langer
7. The potential of international climate change law to mobilise low-carbon foreign direct investment Daniel M. Firger
8. Channelling investment into biodiversity conservation: ABS and PES schemes Riccardo Pavoni
9. The role of insurance risk transfer in encouraging climate investment in developing countries Swenja Surminski
10. Trade-related incentives: the international negotiations over environmental goods and services Konstantina Athanasakou

Part III. Foreign Investment and Environmental Protection: Safeguards:
11. The environmental regulation of foreign investment schemes under international law Jorge E. Viñuales
12. From corporate social responsibility to accountability mechanisms Elisa Morgera
13. Beyond law as tools: foreign investment projects and the contractualisation of environmental protection Natasha Affolder
14. Socially responsible investing through voluntary codes Benjamin J. Richardson
15. The enforcement of environmental norms in investment treaty arbitration Zachary Douglas

Concluding observations Pierre-Marie Dupuy and Jorge E. Viñuales

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Biography

Pierre-Marie Dupuy is Emeritus Professor at the University of Paris (Panthéon-Assas) and at the Graduate Institute of International and Development Studies in Geneva. He also held the chair of general international law at the European University Institute in Florence (2000–8). Professor Dupuy has an extended experience in international law practice, in particular as counsel for governments in numerous cases before the International Court of Justice as well as international arbitrator in the field of international investments law. He is a member of the Institut de Droit International (International Law Institute).

Jorge E. Viñuales is the Pictet Chair of International Environmental Law and an Assistant Professor of Public International Law at the Graduate Institute of International Studies, Geneva, where he is also Director of the Programme on Environmental Governance at the Centre for International Environmental Studies.


Contributors:
- Pierre-Marie Dupuy
- Jorge E. Viñuales
- Francesco Francioni
- Urs Luterbacher
- Sandrine Maljean-Dubois
- Vanessa Richard
- Timothy Swanson
- Shaun Larcom
- Magnus Jesko Langer
- Daniel M. Firger
- Riccardo Pavoni
- Swenja Surminski
- Konstantina Athanasakou
- Elisa Morgera
- Natasha Affolder
- Benjamin J. Richardson
- Zachary Douglas