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 9: Procedural issues and innovations in environment-related investor-state disputes

Judith Levine and Nicola Peart

Abstract

This chapter examines the procedural aspects of environment-related investor-state disputes. It first describes dispute resolution options available under investment treaties and the typical procedural stages in an arbitration. It then examines procedural issues, including transparency and confidentiality, involvement of nonparties, technical experts, site visits and costs management. The chapter reflects on procedural innovations especially suitable for environment-related cases, including specialized rules and panels, alternative methods of dispute resolution and monitoring postaward compliance. The authors draw upon their experience at the Permanent Court of Arbitration, and consider how procedural issues are shaped by two characteristics common in environment-related cases, namely the public interest and technical evidence. The examples discussed demonstrate that arbitration is an adaptable tool for the settlement of environmental disputes. The procedural options available arise not only in investment arbitration, but also in interstate and commercial arbitration, conciliation and other forms of dispute settlement.

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