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.
General
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