Investment Arbitration And Climate Change

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Investment Arbitration and Climate Change

Annette Magnusson,Anja Ipp

Author : Annette Magnusson,Anja Ipp
Publisher : Kluwer Law International B.V.
Page : 373 pages
File Size : 41,6 Mb
Release : 2023-12-11
Category : Law
ISBN : 9789403542171

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Investment Arbitration and Climate Change by Annette Magnusson,Anja Ipp Pdf

At the nexus between international investment law, climate law, and human rights law, States’ obligations to protect foreign investments clash with their right – or even their duty – to regulate to protect the planet and people. State efforts at climate change mitigation and adaptation have already triggered claims of liability under the investor-protection provisions of bilateral and multilateral investment treaties. In this comprehensive elaboration on the topic, stellar experts and practitioners describe different types of climate-related investment disputes, provide a thorough analysis of the unique procedural issues that emerge in such disputes, and evaluate the proper balance between States’ right to regulate to fight climate change and their obligations towards foreign investors. Each of the book’s contributions offers a penetrating perspective on this complex matter, touching on such aspects as the following: investment disputes arising from States’ climate measures or actions; whether and how states can file counterclaims against investors in such disputes; the appropriate role for climate science at various stages of arbitration; how to assess damages in cases involving fossil assets left stranded by the climate transition; and whether, on balance, existing international investment law supports or hinders the global energy transition. Along the way, arbitrators and other practitioners will gain insight into how to argue, defend, and assess climate-related investment disputes, using not only investment-treaty case law but also international climate agreements, human rights law, and environmental law. Policymakers are shown ways to design and implement climate policy and investment treaties in order to avoid claims by foreign investors. For policymakers, treaty and contract negotiators, dispute resolution lawyers, and international organizations, no other resource provides such incisive discussion of how to balance treaty-based investment protection against states’ inherent duty to regulate in the public interest.

Investment Treaty Law and Climate Change

Tomás Restrepo Rodríguez

Author : Tomás Restrepo Rodríguez
Publisher : Springer Nature
Page : 348 pages
File Size : 47,6 Mb
Release : 2023-01-01
Category : Law
ISBN : 9783031186554

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Investment Treaty Law and Climate Change by Tomás Restrepo Rodríguez Pdf

The book deals with the question whether the investment treaty law system could be harmonized with the climate change international legal framework and the climate interest that lies beyond. The answer to this research question is divided into three parts. The first examines the relevance of the climate change international legal framework in investment treaty disputes as a natural pre(logical)interpretative stage. The second focuses on the BIT’s content-interpretation, which is the orthodox approach to solve the fragmentation between the system of investment treaty law and the system of international climate change law. Finally, the third part tackles this fragmentation through a heterodox approach that is grounded in the direct application of climate change principles through law ascertainment. Apart from concluding that harmonization between investment treaty law and international climate change law is possible through the orthodox approach to the expropriation and the FET standards, as well as through the direct application of the climate change precautionary principle and the CBDRRC principle − heterodox approach, the book suggests that tribunals are expected soon to openly address climate change disputes in their rulings.

Environmental Interests in Investment Arbitration

Flavia Marisi

Author : Flavia Marisi
Publisher : Kluwer Law International B.V.
Page : 297 pages
File Size : 55,8 Mb
Release : 2020-01-24
Category : Law
ISBN : 9789403517308

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Environmental Interests in Investment Arbitration by Flavia Marisi Pdf

Environmental Interests in Investment Arbitration Challenges and Directions Flavia Marisi Economic growth, social inclusion, and environmental protection stand at the core of sustainable development, which aims to deliver long-term growth for current and future generations. Foreign Direct Investment (FDI) can play a key role in sustainable development. Host states’ benefits descending from FDI inflows include tax revenues, technology transfer, specialised training of local human resources, network with satellite activities, better availability of quality products and customer-centric services. These downstream effects jointly stimulate economic growth and social inclusion. This thoroughly researched book explores the relationship between environmental protection – the third component of sustainable development – and FDI. In practice, the intersection between environmental protection and foreign investment not only has generated remarkable success stories such as cross-sectoral green investment but has also in some instances led to severe cases of environmental degradation. Certain foreign investments resulted in open-pit mines leaking harmful substances into the soil, excessive deforestation, improper treatment of water, pollution of groundwater and contamination of mud pits following oil exploitation, leaving the host state with significant environmental damage. Some other cases have witnessed the host state withdrawing or infringing its own environmental policies, which could, in principle, lead to a decrease in the value of the foreign investment as a result of natural resources deterioration. In recent years, an increasing number of investment arbitration cases have seen a clash between the states’ commitments towards their citizens, which include the duty to protect the environment, their health and well-being, and the commitment towards foreign investors to protect their investments. In this book, the author focuses on investor-state cases in which environmental protection measures have been contested and discusses substantive mechanisms in treaty drafting, rules of Customary International Law, and interpretation doctrines, which are aimed at taking environmental concerns into consideration. The topics covered include the following: statistical analysis of investor-state cases where environmental protection measures have been contested; the role of environmental principles in investor-state arbitration; treaty mechanisms addressing environmental concerns; legal tools available under Customary International Law to address environmental interests; the application of the doctrines of proportionality, police powers, and margin of appreciation; and environmental counterclaims as an instrument to claim compensation for environmental damage. The author provides a detailed framework on the normative architecture, offers an extensive analysis of the relevant case law, and proposes concrete solutions to the identified clashes, aimed at refining the balance between environmental and investment protection. With its in-depth analysis and careful documentation, this book aptly captures the inherent fragmentation of international law and undoubtedly represents an invaluable resource for both international law practitioners and scholars. The solution-oriented approach adopted in the book will be welcomed by legal counsel, law firms, investment treaty negotiators, and decision makers at the different stages of investment lawmaking and practice, as well as by international institutions and academics.

The Future of Investor-State Dispute Settlement

Ben Beaumont,Fahira Brodlija,Robert Ashdown,Armand Terrien

Author : Ben Beaumont,Fahira Brodlija,Robert Ashdown,Armand Terrien
Publisher : Kluwer Law International B.V.
Page : 255 pages
File Size : 51,8 Mb
Release : 2024-02-13
Category : Law
ISBN : 9789403547732

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The Future of Investor-State Dispute Settlement by Ben Beaumont,Fahira Brodlija,Robert Ashdown,Armand Terrien Pdf

What makes investor-State dispute settlement (ISDS) as dynamic a field as it is – especially in comparison with international commercial arbitration – is its uncanny ability to engage directly with the most topical and pressing issues of the day, including human rights, regulation of the energy sector, and climate change and the environment more generally. This book provides a deep dive into the reality behind the causes and effects of the expressed concerns regarding ISDS and the extent to which they can and have been addressed by ongoing reform processes at national, regional, and international levels. Deeply informed insights from leading scholars and practitioners on the status quo and perspectives of ISDS shed clear light on such aspects as the following: reform instruments adopted at the UNCITRAL Working Group III; issues surrounding the legitimacy of ISDS; dispute prevention and amicable settlement mechanisms; the proposed multilateral investment court; implications of climate change and energy transition for investment policies and disputes; recent regional trends in policymaking and perspectives; the ICSID-UNCITRAL Code of Conduct; investment protection standards and dispute resolution mechanisms in recent international investment treaties; viability of the modernized Energy Charter Treaty; use of artificial intelligence; and participation of civil society organizations. As an in-depth analysis of the most recent developments in international investment law and dispute resolution, this book offers a realistic view of the reform processes, thus underlining the necessary legal and institutional measures that will translate into real-life effects in the future. With its help, policymakers and government officials will identify ongoing trends and anticipate risks that require intervention, while practitioners and the broader dispute resolution community will find valuable information about the evolving contours of investment protection treaties and ISDS. For academics and civil society organizations interested in the developments and implications of ISDS, the book provides factual, nuanced, and effective analysis of the relevant issues.

Climate Change Litigation: Global Perspectives

Ivano Alogna,Christine Bakker,Jean-Pierre Gauci

Author : Ivano Alogna,Christine Bakker,Jean-Pierre Gauci
Publisher : BRILL
Page : 567 pages
File Size : 53,8 Mb
Release : 2021-04-26
Category : Law
ISBN : 9789004447615

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Climate Change Litigation: Global Perspectives by Ivano Alogna,Christine Bakker,Jean-Pierre Gauci Pdf

This ground-breaking volume provides analyses from experts around the globe on the part played by national and international law, through legislation and the courts, in advancing efforts to tackle climate change, and what needs to be done in the future. Published under the auspices of the British Institute of International and Comparative Law (BIICL), the volume builds on an event convened at BIICL, which brought together academics, legal practitioners and NGO representatives. The volume offers not only the insights from that event, but also additional materials, sollicited to offer the reader a more complete picture of how climate change litigation is evolving in a global perspective, highlighting both opportunities, and constraints.

Investors, States, and Arbitrators in the Crosshairs of International Investment Law and Environmental Protection

Crina Baltag,Ylli Dautaj

Author : Crina Baltag,Ylli Dautaj
Publisher : BRILL
Page : 83 pages
File Size : 40,6 Mb
Release : 2020-07-27
Category : Law
ISBN : 9789004438279

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Investors, States, and Arbitrators in the Crosshairs of International Investment Law and Environmental Protection by Crina Baltag,Ylli Dautaj Pdf

In Investors, States, and Arbitrators in the Crosshairs of International Investment Law and Environmental Protection, Dr Crina Baltag and Ylli Dautaj look at the investor-State dispute settlement system and inquire whether this is the most suitable transnational venue for resolving investment disputes that have an environmental component.

Evolution and Adaptation

Jean Kalicki,Mohamed Abdel Raouf

Author : Jean Kalicki,Mohamed Abdel Raouf
Publisher : Kluwer Law International B.V.
Page : 1099 pages
File Size : 54,6 Mb
Release : 2019-12-17
Category : Law
ISBN : 9789403520438

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Evolution and Adaptation by Jean Kalicki,Mohamed Abdel Raouf Pdf

What is it about international arbitration that makes it so open to evolution and adaptation? What are the main pressure points today and the unmet needs of stakeholders? What are the opportunities for expansion to new sectors and new audiences? What are the drivers for change, the obstacles and the risks? And equally important, what are the core principles that should never be lost? These were the topics of the Twenty-Fourth ICCA Congress, held in Sydney, Australia, in April 2018, the proceedings of which are collected in this volume. The volume highlights arbitration as a ‘living organism’ that has adapted in the past to various challenges, and that today – under attack from various quarters – might need to demonstrate its adaptability again. Accordingly, the contributions address the evolving needs of users, the impact of the rapidly changing face of technology, the expectations of the public, and the convergence and divergence of different aspects of legal traditions and cultures. Topical issues of interest for practitioners, academics, and students of arbitration include the following: legitimacy and authority of arbitrators, institutions and professional organizations to act as lawmakers; investment treaty reform, with particular reference to the definition of ‘investment,’ the evolution of substantive treaty standards, and sustainable development obligations; commercial arbitration reform, including issues of public and private interest, the development of common law, and cost, delay and transparency concerns; revisiting party autonomy in choosing decision-makers, including through institutional appointments or investment courts; equality of arms, the economics of access, and the role of costs and third-party funding; public-private disputes and special issues that arise when State entities arbitrate; public participation and transparency, and their effect on both ISDS and commercial arbitration; revisiting conventional wisdom in organizing arbitral proceedings; lessons to be learned from other dispute resolution frameworks; technology as friend and enemy, including new tools, new threats, and cybersecurity; arbitration of disputes in conflict and post-conflict zones; inter-generational blame and praise in investment arbitration; and the emergence of sovereign wealth funds as arbitration participants. A special section on ‘New Frontiers in Arbitration’ offers enlightening perspectives on new types of claims and new types of stakeholders likely to affect the future of international arbitration, including the potential for climate change disputes and enlarged participation.

Water Services Disputes in International Arbitration

Xu Qian

Author : Xu Qian
Publisher : Kluwer Law International B.V.
Page : 396 pages
File Size : 40,6 Mb
Release : 2020-05-12
Category : Law
ISBN : 9789403522050

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Water Services Disputes in International Arbitration by Xu Qian Pdf

Water Services Disputes in International Arbitration Reconsidering the Nexus of Investment Protection, Environment, and Human Rights by Xu Qian The argument that universal access to water is a human right is based on the fact that life on Earth cannot exist without water. Yet the enormous cost of building and maintaining water service infrastructure, purifying, monitoring quality, and providing sanitation services is beyond the means of many of the States most in need. Foreign investment is thus mandated—hence the often acrimonious tension manifest in investor-State disputes over water rights. This book offers the first in-depth analysis of both international treaty norms and their interpretation by arbitral tribunals applicable to investment in water and sanitation services, complete with thoroughly researched recommendations for those arbitral practitioners in the eye of the storm. Like no previous study the book clearly reveals how to reconcile the economic and fundamental human interests arising from investment in water and sanitation services under the international investment regime. Among many vital issues, the author highlights the importance of the following: legitimacy of a State’s alleged regulatory objectives, the suitability of the measures undertaken to achieve the objective, and whether there are less restrictive means available; legal framework and stability of the State; applicable law, changes in law, and emergency circumstances; economic issues such as water pricing; profit-driven private companies’ reluctance to serve the poor; investment tribunals’ generation of a “regulatory and jurisprudential regime” on water and sanitation services; and determination of liability in relation to expropriation, fair and equitable treatment, and necessity. Arguing that the current investment treaty and arbitral case law framework can regulate water and sanitation services if certain interpretations are favored by adjudicators, the author offers viable, sustainable, and reasonable legal solutions. A detailed annex presents cases decided before a variety of arbitral tribunals, as well as relevant WTO and ICJ cases, and reviews critical literature in the field. The increasing number of cases involved with States’ regulatory measures shows that stakes around water services generate specific legal problems which are new in the world of international economic law. As an incisive investigation of what has been called the “incursion of investment tribunal decisions into the regulatory autonomy of host States,” this profound and innovative analysis provides a coherent and consistent method of review that provides greater certainty to both States and investors and deters abuse of power. It will be welcomed by policymakers and stakeholders interested in the implications of “globalization” of water services for the capacity to adapt to climate change and will suggest ways to enable States to better manage vital water services, even after privatization to foreign companies.

International Environmental Law and International Human Rights Law in Investment Treaty Arbitration

Giovanna E. Gismondi

Author : Giovanna E. Gismondi
Publisher : Kluwer Law International B.V.
Page : 210 pages
File Size : 43,6 Mb
Release : 2023-08-22
Category : Law
ISBN : 9789403530574

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International Environmental Law and International Human Rights Law in Investment Treaty Arbitration by Giovanna E. Gismondi Pdf

Policies aimed at the expansion of transnational capital are sometimes implemented at the expense of growing social inequality and popular frustration in host countries. This timely and deeply researched volume identifies – and offers new insights into – the growing use of and reliance upon international environmental and human rights law in the arbitration of investor–State disputes. It presents a comprehensive and pragmatic approach to the most effective way to connect international investment law to the protection of human rights and the environment. Based on an analysis of 30 arbitral awards, this book demonstrates how recent investment treaty arbitration – and in particular respondent States’ argumentation in arbitral proceedings – highlights the human rights and environmental considerations connected with such factors as the following: the fair and equitable treatment (FET) clause; jurisdictional obstacles; treaty conflict; role of amici curiae; damages; tribunal’s dilution of the significance of environmental and human rights law; corporate social responsibility; free, prior, and informed consent; social license to operate; and (in)applicability of the systemic approach to the interpretation of investment treaties. As investment arbitration continues to be challenged by growing demands for greater public involvement and for participation of third parties that are affected by the proceedings, this book responds to the need to reshape the investment regime into more human rights and environmentally friendly system. It will prove an invaluable resource for arbitral institutions, academics, arbitrators, arbitration counsel, and other participants in investment treaty arbitration.

International Arbitration in Latin America

Gloria M. Alvarez,Mélanie Riofrio Piché,Felipe V. Sperandio

Author : Gloria M. Alvarez,Mélanie Riofrio Piché,Felipe V. Sperandio
Publisher : Kluwer Law International B.V.
Page : 462 pages
File Size : 40,9 Mb
Release : 2021-04-08
Category : Law
ISBN : 9789041199737

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International Arbitration in Latin America by Gloria M. Alvarez,Mélanie Riofrio Piché,Felipe V. Sperandio Pdf

Energy projects in Latin America are a major contributor to economic growth worldwide. This book is the first to offer a comprehensive, in-depth analysis of specific issues arising from energy and natural resources contracts and disputes in the region, covering a wide range of procedural, substantive, and socio-legal issues. The book also includes how states have shifted from passive business partners to more active controlling players. The book contains an extensive treatment and examination of the particularities of arbitration practice in Latin America, including arbitrability, public order, enforcement, and the complex public-private nature of energy transactions. Specialists experienced in resolving international energy and natural disputes throughout the region provide detailed analysis of such issues and topics, including: state-owned entities as co-investors or contracting parties; role of environmental law, indigenous rights and public participation; issues related to political changes, corruption, and quantification of damages; climate change, renewable energy, and the energy transition; force majeure, hardship, and price reopeners; arbitration in the electricity sector; take-or-pay contracts; recognition and enforcement of awards; tension between stabilization clauses and human rights; mediation as a method for dispute settlement in the energy and natural resources sector; and different comparative approaches taken by national courts in key Latin American jurisdictions. The book also delivers a clear explanation on the impact made to the arbitration process by Covid-19, emerging laws, changes of political circumstances, the economic global trends in the oil & gas market, the energy transition, and the rise of new technologies. This invaluable book will be welcomed by in-house lawyers, government officials, as well as academics and rest of the arbitration community involved in international arbitration with particular interest in the energy and natural resources sector.

Bridging the Gap Between International Investment Law and the Environment

Yulia Levashova,Tineke Elisabeth Lambooy,I. F. Dekker

Author : Yulia Levashova,Tineke Elisabeth Lambooy,I. F. Dekker
Publisher : Unknown
Page : 0 pages
File Size : 42,8 Mb
Release : 2016
Category : LAW
ISBN : 9462365873

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Bridging the Gap Between International Investment Law and the Environment by Yulia Levashova,Tineke Elisabeth Lambooy,I. F. Dekker Pdf

This book addresses the topical question on how national and international environmental concerns could be adequately integrated into international investment law. It covers the question whether international investment law restricts state sovereignty in an unacceptable way - in particular, the freedom of host states to develop national policies and regulation for the improvement of the environment. The book first analyzes the interaction between international investment law and the protection of the environment, on the basis of concepts such as sustainable development, fair and equitable treatment, and international responsibility. Secondly, several chapters discuss challenges which are encountered in attempts to integrate environmental concerns in investment policies in specific sectors and regions (e.g. climate change, water pollution, renewable and nuclear energy, and the European Union region). And, finally, specific case studies illustrate the legal and policy tensions between investment law and environmental protection, namely Vattenfall's disputes with Germany, legal clashes between Chevron and Ecuador, and multinational mining companies' conflicts in Indonesia. The contributions are written by international experts and will be of interest to policy makers and practitioners. *** Librarians: ebook available (Series: Legal Perspectives for Global Challenges - Vol. 4) [Subject: International Law, Investment Law, Environmental Law]

Investment Treaty Arbitration and International Law - Volume 7

Ian A. Laird, Borzu Sabahi,Frédéric G. Sourgens,Todd J. Weiler

Author : Ian A. Laird, Borzu Sabahi,Frédéric G. Sourgens,Todd J. Weiler
Publisher : Juris Publishing, Inc.
Page : 428 pages
File Size : 51,6 Mb
Release : 2014-05-01
Category : Conflict of laws
ISBN : 9781937518417

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Investment Treaty Arbitration and International Law - Volume 7 by Ian A. Laird, Borzu Sabahi,Frédéric G. Sourgens,Todd J. Weiler Pdf

Is it Time for a Regime Change? Protecting International Energy Investments against Political Risk. The 2013 seventh annual Juris investment arbitration conference put in issue the special role of international energy projects in the development of investor-state arbitration. It is currently one of the most active sectors of investor-state arbitration. The “facts” of the energy sector therefore are particularly well-developed in international jurisprudence. The similarities in the applicable law of investment protection between the energy sector and other sectors tend to hide from view what our panelists repeatedly uncovered: it is the facts of energy disputes that significantly set them apart. The concerns of sovereign dominion over national energy production and the protection of foreign investors in the energy sector against stranding large investments served as a key point of departure for discussions. The four questions that the Conference addressed include: The Energy Sector, Investment Arbitration and the ECT: Carving out a Special Regime? Energy Contracts and BITS – Is it Fair and Equitable to be Under the Umbrella? Mulitparty Investor Disputes in the Energy Sector – Preclusion, Consolidation or Free-For-All? Measure by Measure? Calculating Damages in Energy Disputes The discussion and debate that followed is provided in this book and sure to be of tremendous value to the international business lawyer, litigation specialist or trade and investment law policy expert.

The Backlash Against Investment Arbitration

Michael Waibel

Author : Michael Waibel
Publisher : Kluwer Law International B.V.
Page : 674 pages
File Size : 40,5 Mb
Release : 2010-01-01
Category : Law
ISBN : 9789041132024

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The Backlash Against Investment Arbitration by Michael Waibel Pdf

"This book, the outgrowth of a conference organized by the editors at Harvard Law School on April 19, 2008, aims to uncover the drivers behind the backlash against the current international investment regime."--Library of Congress Online Calalog.

Environmental Counterclaims in Investment Arbitration

Andrés Eduardo Alvarado-Garzón

Author : Andrés Eduardo Alvarado-Garzón
Publisher : Springer Nature
Page : 331 pages
File Size : 43,9 Mb
Release : 2024-01-08
Category : Law
ISBN : 9783031463914

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Environmental Counterclaims in Investment Arbitration by Andrés Eduardo Alvarado-Garzón Pdf

This book critically analyses the availability of environmental counterclaims in investment arbitration presented by the respondent host state against the claimant investor. It starts from the premise that the conflicting relation between investment law and environmental protection cannot always be avoided. Yet, the instrument of environmental counterclaims in investment arbitration might alleviate such relation. Throughout its chapters, this book addresses the questions about the societal and practical relevance of seeking redress for environmental damage in investment arbitration, the functioning of such instrument both in contract-based and treaty-based investment arbitration, the suitability of arbitral tribunals to rule upon environmental issues, and the kind of environmental damages that could be redressed. Most importantly, by deconstructing the requirements of jurisdiction, connection between main claim and counterclaim, and cause of action, this book provides the tools for the re-conceptualisation of the instrument of counterclaims with the hope of harnessing its utility to achieve appropriate redress for environmental damages caused by foreign investors.

Climate Change Litigation in the Asia Pacific

Jolene Lin,Douglas A. Kysar

Author : Jolene Lin,Douglas A. Kysar
Publisher : Cambridge University Press
Page : 445 pages
File Size : 40,5 Mb
Release : 2020-10-29
Category : Law
ISBN : 9781108478465

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Climate Change Litigation in the Asia Pacific by Jolene Lin,Douglas A. Kysar Pdf

Comprehensively examines the role that litigation can play in galvanizing climate action in the Asia Pacific Region.

Investment Arbitration And Climate Change

Investment Arbitration and Climate Change by Annette Magnusson,Anja Ipp Pdf

Investment Treaty Law and Climate Change by Tomás Restrepo Rodríguez Pdf

Environmental Interests in Investment Arbitration by Flavia Marisi Pdf

The Future of Investor-State Dispute Settlement by Ben Beaumont,Fahira Brodlija,Robert Ashdown,Armand Terrien Pdf

Climate Change Litigation: Global Perspectives by Ivano Alogna,Christine Bakker,Jean-Pierre Gauci Pdf

Investors, States, and Arbitrators in the Crosshairs of International Investment Law and Environmental Protection by Crina Baltag,Ylli Dautaj Pdf

Evolution and Adaptation by Jean Kalicki,Mohamed Abdel Raouf Pdf

Water Services Disputes in International Arbitration by Xu Qian Pdf

International Environmental Law and International Human Rights Law in Investment Treaty Arbitration by Giovanna E. Gismondi Pdf

International Arbitration in Latin America by Gloria M. Alvarez,Mélanie Riofrio Piché,Felipe V. Sperandio Pdf

Bridging the Gap Between International Investment Law and the Environment by Yulia Levashova,Tineke Elisabeth Lambooy,I. F. Dekker Pdf

Investment Treaty Arbitration and International Law - Volume 7 by Ian A. Laird, Borzu Sabahi,Frédéric G. Sourgens,Todd J. Weiler Pdf

The Backlash Against Investment Arbitration by Michael Waibel Pdf

Environmental Counterclaims in Investment Arbitration by Andrés Eduardo Alvarado-Garzón Pdf

Climate Change Litigation in the Asia Pacific by Jolene Lin,Douglas A. Kysar Pdf

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