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Foreign Investment and the Environment in International Law

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Foreign Investment and the Environment in International Law

Name: Foreign Investment and the Environment in International Law
Brand: Cambridge University Press
SKU: 9781107521810
Price: 580.06 HKD
Availability: InStock
Author: Jorge Vinuales
ISBN: 9781107521810

By Jorge Vinuales

Cambridge University Press April 2015

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ISBN-13: 9781107521810
Publisher: Cambridge University Press
Publication: April 2015
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

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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.

Introductory observations

Part I. Setting the Framework:

1. The increasing interactions between foreign investment law and international environmental law

2. Conceptualising interactions

3. Synergies

4. Conflicts I - soft-control mechanisms

5. Conflicts II - adjudication mechanisms

Part II. Normative Conflicts:

6. Normative priority in international law

7. Foreign investment and the international regulation of freshwater

8. Foreign investment and the protection of biological and cultural diversity

9. Foreign investment and the international regulation of dangerous substances and activities

10. Foreign investment and the climate change regime

Part III. Legitimacy Conflicts:

11. Normative priority between different legal systems

12. Environmental measures and expropriation clauses

13. Environmental measures and non-discrimination standards

14. Environmental measures, stability and due process

15. Defence arguments based on environmental considerations

Concluding observations.

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Table of Contents

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