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The Expropriation of Environmental Governance: Protecting Foreign Investors at the Expense of Public Policy

Autor Kyla Tienhaara
en Limba Engleză Hardback – 11 noi 2009
Recent years have seen an explosive increase in investor-state disputes resolved in international arbitration. This is significant not only in terms of the number of disputes that have arisen and the number of states that have been involved, but also in terms of the novel types of dispute that have emerged. Traditionally, investor-state disputes resulted from straightforward incidences of nationalisation or breach of contract. In contrast, modern disputes frequently revolve around government measures taken to further public policy goals, such as the protection of the environment. This book explores the outcomes of several investor-state disputes over environmental policy. In addition to examining the pleadings of parties and decisions of arbitral tribunals in disputes that have been resolved in arbitration, the influence that investment arbitration has had in negotiated outcomes to conflicts is also explored.
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Specificații

ISBN-13: 9780521114875
ISBN-10: 052111487X
Pagini: 340
Dimensiuni: 152 x 229 x 21 mm
Greutate: 0.73 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Locul publicării:Cambridge, United Kingdom

Cuprins

Introduction; 1. Concepts and methods; 2. Foreign investment and the environment; 3. The institution of investment protection; 4. International investment agreements; 5. Foreign investment contracts; 6. International investment arbitration; 7. Investor-state disputes; 8. The threat of arbitration; 9. Conclusions.

Recenzii

'… fascinating account … adds considerable depth to our understanding … environmental lawyers should celebrate its publication.' Environmental Liability

Notă biografică


Descriere

Are legal agreements designed to protect the interests of foreign investors compromising the ability of governments to protect the environment?