Foreign Investment and the Environment in International Law by Jorge VI Uales (E

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Conflicts between foreign investment law and environmental law are becoming increasingly frequent. This study of the relationship between foreign investment law and environmental law identifies the major challenges facing States, foreign investors and their legal advisers and provides a detailed analysis of all the major legal issues.

FORMATHardcover LANGUAGEEnglish CONDITIONBrand New Publisher Description

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.

Author Biography

Jorge E. Vinuales is the Pictet Chair of International Environmental Law and Assistant Professor of Public International Law at the Graduate Institute of International and Development Studies, Geneva. He is also the Director of the Programme on Institutions for Sustainable Development at the Centre for International Environmental Studies.

Table of Contents

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.

Review

'[This] book provides a comprehensive analysis of the intersections of foreign investment law and international environmental law. The treatment is balanced and well-reasoned. The book fills an important lacuna in the literature.' Edith Brown Weiss, Francis Cabell Brown Professor of International Law, Georgetown University 'A thorough and interesting survey on the intersection between international environmental law and investment law. The book provides helpful analysis of the legal issues, synergies, and conflicts that may arise as these two traditionally distinct areas of international law continue to evolve and become more interconnected. It will certainly be an invaluable resource for both practitioners and scholars of international law.' Meg Kinnear, Secretary-General of ICSID

Review Quote

'[This] book provides a comprehensive analysis of the intersections of foreign investment law and international environmental law. The treatment is balanced and well-reasoned. The book fills an important lacuna in the literature.' Edith Brown Weiss, Francis Cabell Brown Professor of International Law, Georgetown University

Promotional "Headline"

Provides academics and practitioners with a detailed analysis of the interface between foreign investment and environmental law.

Description for Bookstore

Conflicts between foreign investment law and environmental law are becoming increasingly frequent. This study of the relationship between foreign investment law and environmental law identifies the major challenges facing States, foreign investors and their legal advisers and provides a detailed analysis of all the major legal issues.

Description for Library

Conflicts between foreign investment law and environmental law are becoming increasingly frequent. This study of the relationship between foreign investment law and environmental law identifies the major challenges facing States, foreign investors and their legal advisers and provides a detailed analysis of all the major legal issues.

Details ISBN1107006384 Author Jorge Vianuales Short Title FOREIGN INVESTMENT & THE ENVIR Publisher Cambridge University Press Series Cambridge Studies in International and Comparative Law Language English ISBN-10 1107006384 ISBN-13 9781107006386 Media Book Format Hardcover Series Number 94 DEWEY 346.092 Year 2012 Imprint Cambridge University Press Place of Publication Cambridge Country of Publication United Kingdom Publication Date 2012-09-13 Illustrations black & white illustrations Pages 478 Audience Professional and Scholarly AU Release Date 2012-09-13 NZ Release Date 2012-09-13 UK Release Date 2012-09-13 We've got this

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