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 7: Environment and human rights in an investment law frame

Elliot Luke

Abstract

There is a disparity in the treatment accorded to environmental protection and human rights in international investment law, which belies the close relationship between these two areas of the law. A question therefore arises as to whether this relationship is likely to take on any significance in the international investment regime and, if so, what form this will take and what impact it will have. Human rights bodies have leveraged the discourse of human rights to achieve environmental ends. It is foreseeable that something similar might in future occur in the investment law context. When, how and indeed if this will occur will depend primarily on arbitrators’ approaches to the interpretation of international investment norms. In the meantime, states and investors should be aware of these issues and their potential significance in future investment disputes.

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