Foreign investment protection and environmental obligations: A possible balance?
DOI:
https://doi.org/10.7770/rchdcp-v14n1-art41Keywords:
Fragmentation of international law, free trade agreements, international investment agreements, international treaties, investment arbitrationAbstract
The purpose of this research is to review possible areas of friction between international investment protection and international environmental law. To this end, it analyzes investment arbitration in the context of the fragmentation of public international law. It also reviews possible areas of friction between investment arbitration on the one hand and the regulatory powers of a State and its environmental commitments on the other. Finally, it is concluded that a balance between investment protection and the environmental obligations of the State is possible, under which foreign investment will be protected and the rights of investors guaranteed, as long as they carry out their activities in good faith and in compliance with the regulatory regime of the host State.
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Copyright (c) 2023 Revista Chilena de Derecho y Ciencia Política (Chilean Journal of Law and Political Science)
This work is licensed under a Creative Commons Attribution 4.0 International License.
La Revista de Derecho y Ciencia Política por Universidad Católica de Temuco se encuentra bajo una Licencia Creative Commons Atribución 4.0 Internacional (CC BY 4.0)
