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Foreign Investment and the Environment in International Law

Provides a prospective analysis of the evolution of the interactions between environmental law and investment law
Analysis of international jurisprudence goes beyond investment cases to cover cases decided by many different tribunals, courts and bodies, thus allowing readers to take into account a wider array of cases relevant to the topic
Provides a balanced and reliable account of the current state of the law that avoids activism and disentangles 'hard' law from progressive development

Series: Cambridge Studies in International and Comparative Law

By: Jorge E Viñuales (Author)

478 pages, b/w illustrations

Cambridge University Press

Paperback | Apr 2015 | #220517 | ISBN-13: 9781107521810
Availability: Usually dispatched within 6 days Details
NHBS Price: £28.99 $37/€35 approx
Hardback | Sep 2012 | #220516 | ISBN-13: 9781107006386
Availability: Usually dispatched within 6 days Details
NHBS Price: £76.99 $98/€92 approx

About this book

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.


Contents

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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Biography

Jorge E. Viñuales is the Pictet Chair of International Environmental Law and Assistant Professor of Public International Law at the Graduate Institute of International and Development Studies, Geneva. He is also the Director of the Programme on Institutions for Sustainable Development at the Centre for International Environmental Studies.

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