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Research Handbook on Environment and Investment Law
The Research Handbook on Environment and Investment Law examines one of the most dynamic areas of international law: the interaction between international investment law and environmental law and policy. The Research Handbook takes a thematic approach, analysing key issues in the environment–investment nexus, such as freshwater resources, climate, biodiversity, biotechnology and sustainable development. It also includes sections which explore regional experiences and address practice and procedure, and offers innovative approaches and critical perspectives, including the interface between foreign investment and the environment with human rights, gender, indigenous peoples, and economics.
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Critical Acclaim
Contributors
Contents
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This 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.
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.
Critical Acclaim
‘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
– 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
Contributors
Contributors: 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
Contents
Contents:
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
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
