Abstract

The number of international disputes involving issues related to the natural environment has grown in recent years. In parallel, concerns have mounted about the legitimacy, attributes and impact of the global system of international investment protection and investment arbitration, including its impact on the rule of law. This article considers how environmental considerations, when relevant in fact and/or law, could be better accounted for in investment arbitration processes and decision-making so as to improve the realisation of the rule of law in adjudication. The article brings these ...