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Rumiana Yotova

This chapter assesses whether the new EU IAs manage to strike a good balance between economic objectives and environmental considerations not only from the perspective of the constitutional law of the EU with its environmental standards, but also in the context of the global trends in investment law. The EU prides itself as a global leader in the protection of the environment having some of the world’s highest environmental standards. Accordingly, it is both interesting and important to assess the extent to which environmental considerations match these high aspirations by being reflected in the new EU investment policy and indeed, in the actual IAs negotiated with third States. While the new EU IA model is a significant improvement compared to the BIT practice of the majority of the Member States, introducing a number of guarantees for environmental protection in an investment context, it still falls short of actively promoting them.

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Andrew Sanger and Rumiana Yotova

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Andrew Sanger and Rumiana Yotova