International investment agreements define State commitments on investment protection, but also shed light on how these commitments are to be integrated with other public policy objectives. Investment protection in the context of environmental regulation has been a frequent source of controversy...

What does global trade mean for the environment of any particular place? It can produce place-based transformations that are both positive and negative. The Kuznets curve is often touted as a solution that resolves the conflict between trade promotion and environmental protection by purporting...

The most fundamental principle of contemporary international law is its emphasis on the peaceful resolution of disputes. This principle is amplified by Article 2(3) of the UN Charter encouraging states to live in peace and unity, and to settle their disputes such that international peace,...

An appropriately conceived and well-designed border climate adjustment scheme, as a policy mechanism potentially utilizable by many States party to the United Nations Framework Convention on Climate Change, may lead to desirable consequences for the development of comprehensive global greenhouse...

This paper studies several relevant cases in the area of investment arbitration. The author stresses how the environmental protection is a very relevant issue in these ICSID´s decisions.

Investor-State dispute settlement mechanisms (ISDS) are an important component of most International Investment Agreements (IIAs) and have significant influence on how disputes between States and investors are resolved. This statistical survey of a large sample of 1,660 bilateral investment...

Investor-State dispute settlement mechanisms (ISDS) are an important component of most International Investment Agreements (IIAs) and have significant influence on how disputes between States and investors are resolved.This statistical survey of a large sample of 1,660 bilateral investment...

Many governments have expressed concerns about the uncertainty linked to the perceived inconsistency of treaty interpretation in Investor-State dispute settlement (ISDS). An OECD-hosted intergovernmental investment roundtable has been considering a range of tools through which governments can...

The fair and equitable treatment (FET) provision has leapt to prominence in the last 15 years as the principal ground of liability at issue in many if not most investment treaty arbitration claims. In debates about the impact of investment treaties on the right to regulate, FET is second only to...