Abstract

Investment arbitration was first conceived as an instrument for investors' rights; therefore, counterclaims were not always as common as they are now. This juridical tool - which should not be confused with states' defence - is not only a chance for States to be heard by bringing their own claims but, ultimately, may be a key factor in the yet shy practice of holding investors accountable under international arbitration. With climate and environmental issues in the spotlight, more recent investment treaties bring greater environment-friendly provisions, supporting States' right to ...