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Foreign investment and the environment in international law / by Jorge E Vinuales

By: Material type: TextTextPublication details: Cambridge: Cambridge University Press, 2015.Description: xlviii, 423p. ; 23cmISBN:
  • 9781107521810
Subject(s): DDC classification:
  • 346.092 VIN
Contents:
Introductory observations; Part I. Setting the Framework: 1. The increasing interactions between foreign investment law and international environmental law; 2. Conceptualising interactions; 3. Synergies; 4. Conflicts I - soft-control mechanisms; 5. Conflicts II - adjudication mechanisms; Part II. Normative Conflicts: 6. Normative priority in international law; 7. Foreign investment and the international regulation of freshwater; 8. Foreign investment and the protection of biological and cultural diversity; 9. Foreign investment and the international regulation of dangerous substances and activities; 10. Foreign investment and the climate change regime; Part III. Legitimacy Conflicts: 11. Normative priority between different legal systems; 12. Environmental measures and expropriation clauses; 13. Environmental measures and non-discrimination standards; 14. Environmental measures, stability and due process; 15. Defence arguments based on environmental considerations; Concluding observations.
Summary: Conflicts between foreign investment law and environmental law are becoming increasingly frequent. This study of the relationship between foreign investment law and environmental law identifies the major challenges facing States, foreign investors and their legal advisers and provides a detailed analysis of all the major legal issues. (source WorldCat)
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Introductory observations; Part I. Setting the Framework: 1. The increasing interactions between foreign investment law and international environmental law; 2. Conceptualising interactions; 3. Synergies; 4. Conflicts I - soft-control mechanisms; 5. Conflicts II - adjudication mechanisms; Part II. Normative Conflicts: 6. Normative priority in international law; 7. Foreign investment and the international regulation of freshwater; 8. Foreign investment and the protection of biological and cultural diversity; 9. Foreign investment and the international regulation of dangerous substances and activities; 10. Foreign investment and the climate change regime; Part III. Legitimacy Conflicts: 11. Normative priority between different legal systems; 12. Environmental measures and expropriation clauses; 13. Environmental measures and non-discrimination standards; 14. Environmental measures, stability and due process; 15. Defence arguments based on environmental considerations; Concluding observations.

Conflicts between foreign investment law and environmental law are becoming increasingly frequent. This study of the relationship between foreign investment law and environmental law identifies the major challenges facing States, foreign investors and their legal advisers and provides a detailed analysis of all the major legal issues. (source WorldCat)

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