Chapter

Environmental Rights, Sustainable Development, and Investor-State Case Law: A Critical Appraisal

Riccardo Pavoni

in Human Rights in International Investment Law and Arbitration

Published in print September 2009 | ISBN: 9780199578184
Published online February 2010 | e-ISBN: 9780191722561 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199578184.003.0022

Series: International Economic Law Series

 Environmental Rights, Sustainable Development, and Investor-State Case Law: A Critical Appraisal

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This chapter examines the increasing number of international investment disputes where issues relating to environmental rights, sustainable development and foreign investment protection were inextricably intertwined, in order to determine whether arbitrators have approached such interrelationships by taking environmental and sustainable development principles into consideration. It identifies the status and relevance accorded to environmental principles and obligations, either of a customary or treaty nature, in investor-state disputes. The chapter's purpose is to shed into light the extent to which arbitrators are prepared to take into account the obligation of host states to protect the environment and their citizens' right to a healthy environment. The final part of the chapter focuses on the relationship between investment law and the exercise of environmental participatory rights (information, public participation, and access to justice in environmental matters) at the national level.

Keywords: international investment disputes; environmental rights; foreign investment protection; investor-state disputes; healthy environment; non-discrimination obligations; environmental democracy; subsidiarity

Chapter.  17040 words. 

Subjects: Human Rights and Immigration

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