Abstract

As the self-contained regimes of international law continue to develop and expand, the international law forum undertakes an increasingly fragmented state. The progressively greater interaction of international investment law and environmental law is not the exception contributing to this trend. Decisions that hold State’s liable for legitimate environmental measures, hundreds of unaccountable investors for environmental damage, and a dispute settlement mechanism that places environmental law at odds with investment law, are all sequels of this junction. In this context, this paper explores the available mechanisms that could be implemented to better address environmental considerations within the investment framework and contribute to the defragmentation of international law.

This paper will be part of the TDM Special Issue on "International Investment Arbitration - Environmental Protection and Climate Change Issues". More information here www.transnational-dispute-management.com/news.asp?key=1893