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 16: Balancing economic objectives and environmental considerations in new EU investment agreements: a brave new world?

Rumiana Yotova

Abstract

This chapter assesses whether the new EU IAs manage to strike a good balance between economic objectives and environmental considerations not only from the perspective of the constitutional law of the EU with its environmental standards, but also in the context of the global trends in investment law. The EU prides itself as a global leader in the protection of the environment having some of the world’s highest environmental standards. Accordingly, it is both interesting and important to assess the extent to which environmental considerations match these high aspirations by being reflected in the new EU investment policy and indeed, in the actual IAs negotiated with third States. While the new EU IA model is a significant improvement compared to the BIT practice of the majority of the Member States, introducing a number of guarantees for environmental protection in an investment context, it still falls short of actively promoting them.

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