Edited by Kate Miles
Chapter 2: Foreign investment and the environment in international law: current trends
This chapter analyses a range of materials, including a dataset of 117 investment cases with environmental components compiled by the author, and derives from them three main trends: (1) the increasing role of private investment in sustainable development instruments, particularly the 2030 Agenda for Sustainable Development and the Addis Ababa Action Agenda; (2) the increasing reference to environmental considerations in IIAs, particularly FTAs; and (3) the surge in investment disputes with environmental components in the recent past. The main conclusion is that environmental considerations are increasingly mainstreamed in the reasoning of investment tribunals, which in turn requires a full integration of environmental law in transactional, prelitigation and litigation practice relating to foreign investment law.
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