Politics of Investment Protection: Is the Trend of Adopting Environmental Protection Clauses Bringing any Balance?
Article from: TDM 5 (2023), in Climate Change
Abstract
Throughout the development of International Investment Law (IIL), an implied and sometimes disguised politics of investment protection and host States' right to regulate for environmental measures can be noticed. The present IIL regime seems to be an outcome of this politics between developed and developing states. This hypothesis will be explored here, showing the chronological interplay between three broad concepts: development, investment protection, and environmental sustainability. Historically, development discourse progressed along with investment protection. Foreign investment ...