International Investment And Climate Change
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Investment Arbitration And Climate Change
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Author : Annette Magnusson
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-12-11
Investment Arbitration And Climate Change written by Annette Magnusson and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-11 with Law categories.
At the nexus between international investment law, climate law, and human rights law, States’ obligations to protect foreign investments clash with their right – or even their duty – to regulate to protect the planet and people. State efforts at climate change mitigation and adaptation have already triggered claims of liability under the investor-protection provisions of bilateral and multilateral investment treaties. In this comprehensive elaboration on the topic, stellar experts and practitioners describe different types of climate-related investment disputes, provide a thorough analysis of the unique procedural issues that emerge in such disputes, and evaluate the proper balance between States’ right to regulate to fight climate change and their obligations towards foreign investors. Each of the book’s contributions offers a penetrating perspective on this complex matter, touching on such aspects as the following: investment disputes arising from States’ climate measures or actions; whether and how states can file counterclaims against investors in such disputes; the appropriate role for climate science at various stages of arbitration; how to assess damages in cases involving fossil assets left stranded by the climate transition; and whether, on balance, existing international investment law supports or hinders the global energy transition. Along the way, arbitrators and other practitioners will gain insight into how to argue, defend, and assess climate-related investment disputes, using not only investment-treaty case law but also international climate agreements, human rights law, and environmental law. Policymakers are shown ways to design and implement climate policy and investment treaties in order to avoid claims by foreign investors. For policymakers, treaty and contract negotiators, dispute resolution lawyers, and international organizations, no other resource provides such incisive discussion of how to balance treaty-based investment protection against states’ inherent duty to regulate in the public interest.
International Investment And Climate Change
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Author : Timothy Forsyth
language : en
Publisher: Routledge
Release Date : 2014-04-08
International Investment And Climate Change written by Timothy Forsyth and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-08 with Political Science categories.
This study, based on fieldwork and case studies of southeast Asian countries shows how privatization, investment and new energy technologies can be integrated to combat climate change and provide the maximum return for investors. The author explains what incentives and regulatory structures are needed that do not damage local competitiveness. Asserting that technology transfer is fundamental to effective policies for climate change and for economic development, the text examines how the benefits can be maximized.
Will International Investment Rules Obstruct Climate Protection Policies
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Author : Jacob Werksman
language : en
Publisher:
Release Date : 2001
Will International Investment Rules Obstruct Climate Protection Policies written by Jacob Werksman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Business & Economics categories.
Rules governing the global environment and the international economy are currently decided in separate arenas. Yet, environmental agreements can have strong economic implications, particularly with the growing use of market mechanisms. Economic liberalization rules, meanwhile, may limit the effectiveness of environmental agreements. This Climate Note assesses the potential interaction between one important market-based environmental mechanism - the Clean Development Mechanism (CDM) - and the framework of international investment law.
Investment Treaty Law And Climate Change
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Author : Tomás Restrepo Rodríguez
language : en
Publisher: Springer Nature
Release Date : 2023-01-01
Investment Treaty Law And Climate Change written by Tomás Restrepo Rodríguez and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-01 with Law categories.
The book deals with the question whether the investment treaty law system could be harmonized with the climate change international legal framework and the climate interest that lies beyond. The answer to this research question is divided into three parts. The first examines the relevance of the climate change international legal framework in investment treaty disputes as a natural pre(logical)interpretative stage. The second focuses on the BIT’s content-interpretation, which is the orthodox approach to solve the fragmentation between the system of investment treaty law and the system of international climate change law. Finally, the third part tackles this fragmentation through a heterodox approach that is grounded in the direct application of climate change principles through law ascertainment. Apart from concluding that harmonization between investment treaty law and international climate change law is possible through the orthodox approach to the expropriation and the FET standards, as well as through the direct application of the climate change precautionary principle and the CBDRRC principle − heterodox approach, the book suggests that tribunals are expected soon to openly address climate change disputes in their rulings.
Investing In The Era Of Climate Change
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Author : Bruce Usher
language : en
Publisher: Columbia University Press
Release Date : 2022-09-28
Investing In The Era Of Climate Change written by Bruce Usher and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-28 with Business & Economics categories.
A climate catastrophe can be avoided, but only with a rapid and sustained investment in companies and projects that reduce greenhouse gas emissions. To the surprise of many, this has already begun. Investors are abandoning fossil-fuel companies and other polluting industries and financing businesses offering climate solutions. Rising risks, evolving social norms, government policies, and technological innovation are all accelerating this movement of capital. Bruce Usher offers an indispensable guide to the risks and opportunities for investors as the world faces climate change. He explores the role that investment plays in reducing emissions to net zero by 2050, detailing how to finance the winners and avoid the losers in a transforming global economy. Usher argues that careful examination of climate solutions will offer investors a new and necessary lens on the future for their own financial benefit and for the greater good. Companies that reduce greenhouse gas emissions will create great wealth, and, more importantly, they will provide a lifeline for humanity. Grounded in academic and industry research, Usher’s insights bring clarity to a complex and controversial topic while illuminating the people behind the numbers. This book sets out a practical and actionable plan for investors that will alter the course of climate change.
Bridging The Gap Between International Investment Law And The Environment
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Author : Yulia Levashova
language : en
Publisher:
Release Date : 2016
Bridging The Gap Between International Investment Law And The Environment written by Yulia Levashova and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with LAW categories.
This book addresses the topical question on how national and international environmental concerns could be adequately integrated into international investment law. It covers the question whether international investment law restricts state sovereignty in an unacceptable way - in particular, the freedom of host states to develop national policies and regulation for the improvement of the environment. The book first analyzes the interaction between international investment law and the protection of the environment, on the basis of concepts such as sustainable development, fair and equitable treatment, and international responsibility. Secondly, several chapters discuss challenges which are encountered in attempts to integrate environmental concerns in investment policies in specific sectors and regions (e.g. climate change, water pollution, renewable and nuclear energy, and the European Union region). And, finally, specific case studies illustrate the legal and policy tensions between investment law and environmental protection, namely Vattenfall's disputes with Germany, legal clashes between Chevron and Ecuador, and multinational mining companies' conflicts in Indonesia. The contributions are written by international experts and will be of interest to policy makers and practitioners. *** Librarians: ebook available (Series: Legal Perspectives for Global Challenges - Vol. 4) [Subject: International Law, Investment Law, Environmental Law]
Climate Clubs For A Sustainable Future
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Author : Rafael Leal-Arcas
language : en
Publisher:
Release Date : 2021-08-23
Climate Clubs For A Sustainable Future written by Rafael Leal-Arcas and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-23 with categories.
Energy and Environmental Law and Policy Series #41 We know the science of climate change; we know the economics of climate change; we also know the law of climate change. However, we do not know how countries may come together to cooperate on climate change mitigation. In this connection, the role of international trade in climate change, although universally acknowledged, is not well understood. This groundbreaking book by one of the world's foremost authorities on international economic law not only investigates this role in great depth, but also explains how free trade agreements can be used as a powerful tool to help mitigate climate change. Focusing on the idea of climate clubs--namely the coalition of the willing--among governments, companies, and/or international institutions, the book offers insightful analysis on aspects of the trade-climate linkage such as: formation of climate clubs; legitimacy and accountability; technological cooperation; green patents; how competition law hinders effective cooperation between companies seeking to produce sustainable goods; domestic policy preferences; recognizing States that should legitimately be allowed to be free riders; and sanctions for noncompliance. Three detailed case studies are included: a comparison of the U.S. and European Union (EU) Generalized System of Preferences (GSP) programs, energy security in the Arab world, and EU-Russia energy trade relations. With the author's conviction that global access to energy, mitigating climate change, and benefit from international trade and investment all can be achieved, this book offers a fresh understanding of the international trading system as a way to reach a prosperous, modern, and sustainable society that will help decarbonize the economy effectively. It will be welcomed by all professionals and policymakers concerned with climate change mitigation, and particularly by those active at its nexus with international trade.
Harnessing Foreign Investment To Promote Environmental Protection
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Author : Pierre-Marie Dupuy
language : en
Publisher: Cambridge University Press
Release Date : 2013-03-14
Harnessing Foreign Investment To Promote Environmental Protection written by Pierre-Marie Dupuy and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-14 with Business & Economics categories.
This volume provides cutting-edge interdisciplinary analysis of the synergies between foreign investment and environmental protection by leading scholars and practitioners.
Yearbook On International Investment Law Policy 2010 2011
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Author : Karl P. Sauvant
language : en
Publisher: Oxford University Press, USA
Release Date : 2012-02-16
Yearbook On International Investment Law Policy 2010 2011 written by Karl P. Sauvant and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-16 with Business & Economics categories.
The Yearbook on International Investment Law & Policy 2010-2011 monitors current developments in international investment law and policy, focusing (in Part One) on recent trends and issues in foreign direct investment (FDI). Part Two then addresses the fundamental developments in European Union policy toward bilateral investment treaties, and annexes the key official European Union documents.
International Natural Resources Law Investment And Sustainability
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Author : Shawkat Alam
language : en
Publisher: Routledge
Release Date : 2017-09-27
International Natural Resources Law Investment And Sustainability written by Shawkat Alam and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-27 with Law categories.
International Natural Resources Law, Investment and Sustainability provides a clear and concise insight into the relationship between the institutions that govern foreign investment, sustainable development and the rules and regulations that administer natural resources. In this book, several leading experts explore different perspectives in how investment and natural resources come together to achieve sustainable development in developing countries with examples from water, oil and gas, renewable energy, mineral, agriculture, and carbon trading. Despite varying perspectives, it is clear that several themes are central in considering the linkages between natural resources, investment and sustainability. Specifically, transparency, good governance and citizen empowerment are vital conditions which encourage positive social, economic and environmental outcomes for developing countries. In addition, this book provides new insights into key concepts which underpin international law, including sovereign rights and state responsibility principles. It is clear from this book that in the attempt to reconcile these concepts and principles from separate legal regimes, complex policy questions emerge whereby it is difficult to attain mutually beneficial or succinct outcomes. This book explores how countries prioritise their policy objectives to achieve their notion of sustainable natural resource use, which is strongly influenced by power imbalances that inform North–South cooperation, as well as South–South cooperation in the international investment regime. This book will be of great interest to students, academics and researchers of international environmental law, international human rights law, international investment law and international economic law. This book may also be of relevance to environmentalists, policy-makers, NGOs, and investors working in the natural resources field.