Environmental Protection Clauses in Investment Treaties: Redundant or Necessary?
Article from: TDM 1 (2023), in Climate Change
Environmental protection clauses are increasingly incorporated into international investment treaties (IITs). A key purpose of these provisions is to provide regulatory carve-outs for states to implement environmental protection regulations that may otherwise infringe the treaty's investment protections. This paper looks at the utility of these clauses in allowing states to defend environmental interests through regulation facing alleged treaty infringements from foreign investors. Specifically, this paper asks whether the incorporation of explicit environmental carve-outs in IITs is ...