Foreign investment and the environment in international law / Jorge E. Viñuales.

Format:

Book

Author/Creator:

Viñuales, Jorge E., author.

Series:

Cambridge studies in international and comparative law (Cambridge, England : 1996) ; 94.

Cambridge studies in international and comparative law ; 94

Language:

English

Subjects (All):

Investments, Foreign--Law and legislation.

Investments, Foreign.

Environmental law, International.

Investments, Foreign--Environmental aspects.

Physical Description:

1 online resource (xlviii, 423 pages) : digital, PDF file(s).

Other Title:

Foreign Investment & the Environment in International Law

Place of Publication:

Cambridge : Cambridge University Press, 2012.

System Details:

text file

PDF

Summary:

Conflicts between foreign investment law and environmental law are becoming increasingly frequent. On the one hand, the rise of environmental regulation poses significant challenges to foreign investors in several industries. On the other, the surge in investment arbitration proceedings is making States aware of the important litigation risks that may result from the adoption of environmental regulation. This study of the relationship between these two areas of law adopts both a policy and a practical perspective. It identifies the major challenges facing States, foreign investors and their legal advisers as a result of the potential friction between investment law and environmental law and provides a detailed analysis of all the major legal issues on the basis of a comprehensive study of the jurisprudence from investment tribunals, human rights courts and bodies, the ICJ, the WTO, the ITLOS, the CJEU and other adjudication mechanisms.

Contents:

Changing winds : three signs

Conceptualising interactions

Synergies : harnessing foreign investment to promote environmental protection

Conflicts I : soft-control mechanisms

Conflicts II : adjudication mechanisms

Normative priority in international law

Foreign investment and the international regulation of freshwater

Foreign investment and the protection of biological and cultural diversity

Foreign investment and the international regulation of dangerous substances and activities

Foreign investment and the climate change regime

Normative priority between different legal systems

Environmental measures and expropriation clauses

Environmental measures and non-discrimination standards

Environmental measures, stability and due process

Defence arguments based on environmental considerations.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9780511902567

Access Restriction:

Restricted for use by site license.