Abstract

A constantly increasing number of international investment disputes involve the environment. Respondent States try to justify their regulatory activity by invoking environmental concerns and regulations. According to investment law scholarship, there is a growing trend of recognizing environmental protection in arbitral decisions regardless of the treaty wording, which might suggest the change occurred in arbitrators' mindsets. Nevertheless, international investment law and environmental law continuously appear to be irreconcilable. Climate change is a common concern of humankind ...