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 11: Green multilateralism: ‘mega FTAs’ and the changing interface between environmental regulation and investment protection

Sam Luttrell

Abstract

This chapter considers the ways in which the objectives of protecting the environment and promoting economic development are being balanced in the new generation of multilateral investment treaties. Using the example of the Trans-Pacific Partnership (TPP11), it looks at how multilateral treaties are being drafted to ensure states can legitimately regulate in the area of environmental protection without exposing themselves to liability for treaty violation. As part of its analysis of this trend in treaty practice – which the writer terms ‘green multilateralism’ – the origins of the investment treaty system are discussed, along with specific topics such as the defences available to respondent States under customary international law, the content of the fair and equitable treatment standard and the potential for ‘mega-FTAs’ such as the TPP11 to improve the current system of investor-State dispute settlement.

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