Publication at Faculty of Law |
2018
Abstract
The paper analyses the reflection of environmental questions in current international investment law. Firstly, the focus is given to the wording of international investment agreements, its historical evolution and the introduction of clauses emerging in the texts in recent years to specifically allow for environmental measures being adopted by states.
The second part turns the attention to the approach of investment tribunals to environmental questions in disputes where a tension between investment and environmental protection has emerged and also mentions alternative ways of bringing environmental protection to the centre of consideration in investment disputes even independently of the wording of the respective treaty.