Description
Book SynopsisThis
Research Handbook examines one of the most dynamic areas of public international law: the interaction between environmental law and policy and international investment law. The multiplicity of forms that interaction takes is the core theme of this
Research Handbook. The contributors are drawn from a variety of legal backgrounds to give a well-rounded view of this complex relationship.
Taking a thematic approach, this Research Handbook provides analysis on key issues in the environment-investment nexus, including freshwater resources, climate, biodiversity and sustainable development. The expert contributors unpack the complexities of this field of research through investigating regional experiences, assessing practices and procedures, and offering innovative approaches and new critical perspectives on the issues involved. The Research Handbook demonstrates that the exact nature of the relationship between environmental law and investment law is still evolving and, in so doing, indicates directions for future research.
This timely Research Handbook will be of great interest to scholars who are researching the interactions between environmental law, international investment law and sustainable development. More widely, those with a research interest in public international law will find this to be a compelling reference tool.
Contributors include: R.J. Anderson, F. Baetens, A.K. Bjorklund, G. Bottini, C. Brown, D. Cucinotta, M. Ferrer, S. Frank, U. Kriebaum, J. Levine, D. Liang, E. Luke, S. Luttrell, E. Méndez Bräutigam, K. Miles, I. Odumosu-Ayanu, N. Peart, J. Peel, B.J. Richardson, A. Telesetsky, K. Tienhaara, V. Vadi, J.E. Viñuales, R. Weeramantry, R. Yotova
Trade Review‘Overall, the Handbook is a valuable resource. It provides a detailed and probing analysis of various facets of the investment-environment relationship, despite some chapters being slightly editorial. The Handbook’s key added value is its analysis on investment and environmental law regimes. More generally, while the Handbook provides certain analysis focussed on reconciling investment and environmental law protections it is largely limited to a lex lata analysis, rather than providing a lex ferenda vision for how investment and environmental norms, principles, and treaties may be harmoniously applied or interpreted. In this regard, scholars and academics searching for strong base material in these areas will find the Handbook useful, but the Handbook, for the most part, does not go on to chart new territory on investment and environment. Given the rapid acceleration of investment into environmentally sensitive or environment adjacent projects the investment environment nexus will surely continue to grow and the Handbook provides an overall solid starting place for those seeking to understand the legal relationship between the two regimes.’ -- Sean Stephenson, The IUCN AEL Journal of Environmental Law
'From sustainable development, climate change and biodiversity, to process, science and the green economy, to regional approaches, indigenous cultural heritage and local environments, this Research Handbook
provides a profound analysis of the multifaceted interaction of the environment and investment. Well-established and emerging multidisciplinary scholars have brought together a first-rate treatment of conflict and reconciliation in environmental and investment law. This is a Research Handbook
for all interested in understanding the environmental dimensions of this critical economic activity.' --Donald McRae, Emeritus Professor of Law, University of Ottawa, Canada
Table of ContentsContents: 1. International investment law and the environment: introduction Kate Miles Part I. Environmental Issues and Investment Law 2. Foreign investment and the environment in international law: current trends Jorge E. Viñuales 3. Sustainable development and international investment law Andrea K. Bjorklund 4. Water and investment Ursula Kriebaum 5. Combating climate change through the promotion of green investment: from Kyoto to Paris without regime-specific dispute settlement of climate change and investment law and policy Freya Baetens 6. International investment law and biodiversity Anastasia Telesetsky 7. Environment and human rights in an investment law frame Elliot Luke Part II. Disputes, Procedure and Practice in the Field 8. Treatment standards in environment-related investor-state disputes Chester Brown and Domenico Cucinotta 9. Procedural issues and innovations in environment-related investor-state disputes Judith Levine and Nicola Peart 10. Use of science in environment-related investor-state arbitration Jacqueline Peel 11. Green multilateralism: 'mega FTAs' and the changing interface between environmental regulation and investment protection Sam Luttrell 12. Does the green economy need investor-state dispute settlement? Kyla Tienhaara Part III. Regional Perspectives 13. Going green? The evolution of environmental provisions in India’s investment treaties Romesh Weeramantry and Montse Ferrer 14. Stabilisation clauses in long-term investment contracts in the energy sector in Africa Sotonye Frank 15. Environmental concerns and China’s international investment agreements Danni Liang 16. Balancing economic objectives and environmental considerations in new EU investment agreements: a brave new world? Rumiana Yotova 17. Investment claims against Latin American states: environmental protection and the applicable law Gabriel Bottini and Eliza Méndez Bräutigam Part IV. Identity, Critique and Conceptualisation 18. Environment, foreign investment and gender Rachel J. Anderson 19. Natural resources and indigenous cultural heritage in international investment law and arbitration Valentina Vadi 20. Local communities, environment and development: the case of oil and gas investment in Africa Ibironke Odumosu-Ayanu 21. Socially and environmentally responsible investment Benjamin J. Richardson Index
