Application of the Precautionary Principle in Investment Arbitration
Article from: TDM 1 (2023), in Climate Change
The interplay between the protection of the environment and the protection of foreign investments has been controversial since the beginning of the early-2000s. Although the tension between the protection of the environment and the rights of foreign investors continues, the precautionary principle's role in this context remains mostly unexplored. The precautionary principle in its most basic sense prioritizes taking action in cases where there is scientific uncertainty regarding an activity's effects on the environment. As investments often involve elements concerning the environment, ...