Greening Investment Law

JX International law;K Law (General)

Asteriti, Alessandra ; Tams, C.

University:University of Glasgow

Department:School of Law

关键词: Investment Law, International Law, Environmental Law, Investment Arbitration, Systems Theory;   

Others  :  http://theses.gla.ac.uk/2813/1/2011asteritiphd.pdf

来源: University of Glasgow

【 摘 要 】

This thesis investigates the relationship between investment law and the power of states to produce and implement environmental measures. Through a strictly legal approach, and by situating the issue within the framework of public international law, this project endeavours to find avenues for the incorporation of environmental legal obligations within the investment legal regime. The thesis examines the main substantive protections granted to investors by the system of bilateral and multilateral investment instruments, before considering the ways in which, through express provisions, general conflict rules, and procedural means, tribunals can take environmental law into account. This taxonomy is tested in the third part of this work, through the analysis of the jurisprudence issuing from investment tribunals in disputes containing an environmental element.