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Thomas Wilhelmsson and Geraint Howells

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Peter H. Sand

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Thomas Wilhelmsson and Geraint Howells

This research review discusses a compilation of path-breaking and well-cited literature as well as otherwise original contributions to the international debate on consumer protection. It focuses in particular on the role and policy of consumer law as well as on the approaches and methods of research in this domain. Key papers regarding the various instruments and issues surrounding consumer law are explored. The picture that emerges from this title is an area of law that is profoundly international and multidisciplinary, this piece of literature extends on this and ties together the featured papers. This review will be a useful tool for consumer law researchers and valuable to those engaged by this popular practice area.
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Peter H. Sand

There has been an exponential growth in international environmental treaty-making over the past fifty years, to the point of ‘treaty congestion’ – with a total of more than 1,300 multilateral (global and regional) agreements on the topic and close to 3,000 bilateral ones currently in force. This research review addresses this phenomenon from a variety of disciplinary perspectives: international law, political science, and ‘ecological economics’. The objective is comparative analysis, with a view to identifying common features and common problems of transnational environmental regimes, in light of their historical evolution, their application and effectiveness in practice, and possible lessons learned in their institutional ‘interplay’ with each other.
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Thomas Wilhelmsson and Geraint Howells

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Thomas Wilhelmsson and Geraint Howells

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Peter H. Sand

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Edited by Yipeng Liu

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Ying-Jun Lin

This chapter aims to advance the discussion on how to implement sustainability objectives in existing investment treaties through treaty interpretation. Moving away from the focus on the interpretation of the concept of sustainable development or the term ‘right to regulate’ written into an investment treaty, this chapter argues that what is elementary to treaty interpretation is whether the interpretation process and final decision are approached in a balanced and inclusive way. This argument is based on the premise that sustainable development is a balanced concept, which encompasses social, economic and environmental concerns. Analysing the implementation of sustainable development objectives in international investment law through the lens of treaty interpretation, this chapter examines two distinct interpretative approaches. One is the balanced concept adopted by arbitrators, which conceives of sustainability as an inclusive, comprehensive consideration of all relevant concerns in decision making. The other is a creative revision of the reasonable person and government test. The reasonable person test paves the way to shape good governance and business practices in light of sustainability objectives in international investment law. This chapter suggests that sustainable objectives can provide a new benchmark to define the viewpoints and decisions of a reasonable investor or government.