Foreign Investment and the Environment in International Law

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.

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.

'[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