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Scientific article
Open access
English

Environmental Protection and Investment Arbitration: Yin and Yang?

Published inACDI, no. 10, no. Especial 10 años, p. 371-399
Publication date2017
Abstract

This article explores the interactions between international environmental law and international investment law. It discusses existing tools and procedural devices available before international courts and tribunals to promote compliance with emerging principles, standards, and commitments relating to sustainability. This article first considers the way in which international courts and tribunals have had recourse to environmental protection through treaty interpretation. It then appraises the various ways that environmental protection is referred to in bilateral investment treaties. Finally, the article explores the procedural devices that could be used to take into account/address environmental considerations within the investment framework.

Keywords
  • Environmental protection
  • State's regulatory power
  • exceptions
  • treaty interpretation
  • BIT substantive standards
  • Corporate social responsibility
  • environmental impact assesment
  • experts
Citation (ISO format)
BOISSON DE CHAZOURNES, Laurence. Environmental Protection and Investment Arbitration: Yin and Yang? In: ACDI, 2017, n° 10, p. 371–399.
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Article (Published version)
accessLevelPublic
Identifiers
  • PID : unige:94904
ISSN of the journal2027-1131
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Creation06/13/2017 10:01:00 AM
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