Research Handbook on Environment and Investment Law
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Research Handbook on Environment and Investment Law

Edited by Kate Miles

The Research Handbook on Environment and Investment Law examines one of the most dynamic areas of international law: the interaction between international investment law and environmental law and policy. The Research Handbook takes a thematic approach, analysing key issues in the environment–investment nexus, such as freshwater resources, climate, biodiversity, biotechnology and sustainable development. It also includes sections which explore regional experiences and address practice and procedure, and offers innovative approaches and critical perspectives, including the interface between foreign investment and the environment with human rights, gender, indigenous peoples, and economics.
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Chapter 2: Foreign investment and the environment in international law: current trends

Jorge E. Viñuales

Abstract

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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