International Investment Arbitration and the Environment: In the Search for Coexistence
-
-
M.J. Monroy Valencia
Published 20 January 2023
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
To read this article you need to be a subscriber
Subscribe
Fill in the registration form and answer a few simple questions to receive a quote.
Subscribe now
Suggested Citation
M.J. Monroy Valencia (2023, forthcoming) "International Investment Arbitration and the Environment: In the Search for Coexistence"
(TDM, ISSN 1875-4120) January 2023, www.transnational-dispute-management.com
Other recently published material:
Investment Disputes and Fight Against Climate Change in Light of the Energy Charter Treaty: The Delicate Position of the European Union
8 February 2023
A Failure in Adaptation: Reduction to Losses in Climate Related Investment Treaty Disputes
7 February 2023
Sustainable and Feasible International Investment Arbitration Institution Practices: Environmental and Climate Issues in International Arbitration
7 February 2023
The Paris Agreement, Net Zero Energy Transition, and Investor-State Dispute Settlement: Aligning the Investment Treaty System with Climate Change Law & Policy
31 January 2023
Climate Action or Inaction: A New Space for the Full Protection and Security Standard?
31 January 2023
Complete listing of Advance publication.