MARC Record from Library of Congress

LEADER: 03146nam a22003498i 4500
001 2012014613
003 DLC
005 20120423160758.0
008 120409s2012 enk b 001 0 eng
010 $a 2012014613
020 $a9781107006386
040 $aDLC$beng$cDLC$erda
042 $apcc
050 00 $aK3830$b.V56 2012
082 00 $a346/.092$223
084 $aLAW051000$2bisacsh
100 1 $aViñuales, Jorge.
245 10 $aForeign investment and the environment in international law /$cJorge Viñuales.
260 $aCambridge :$bCambridge University Press,$c2012.
263 $a1209
300 $apages cm.
336 $atext$2rdacontent
337 $aunmediated$2rdamedia
338 $avolume$2rdacarrier
490 0 $aCambridge studies in international and comparative law ;$v94
520 $a"Conflicts between foreign investment law and environmental law are becoming increasingly frequent. On the one hand, the rise of environmental regulation poses significant challenges to foreign investors in several industries. On the other, the surge in investment arbitration proceedings is making States aware of the important litigation risks that may result from the adoption of environmental regulation. This study of the relationship between these two areas of law adopts both a policy and a practical perspective. It identifies the major challenges facing States, foreign investors and their legal advisers as a result of the potential friction between investment law and environmental law and provides a detailed analysis of all the major legal issues on the basis of a comprehensive study of the jurisprudence from investment tribunals, human rights courts and bodies, the ICJ, the WTO, the ITLOS, the CJEU and other adjudication mechanisms"--$cProvided by publisher.
504 $aIncludes bibliographical references and index.
505 8 $aMachine generated contents note: Introductory observations; Part I. Setting the Framework: 1. The increasing interactions between foreign investment law and international environmental law; 2. Conceptualising interactions; 3. Synergies; 4. Conflicts I - soft-control mechanisms; 5. Conflicts II - adjudication mechanisms; Part II. Normative Conflicts: 6. Normative priority in international law; 7. Foreign investment and the international regulation of freshwater; 8. Foreign investment and the protection of biological and cultural diversity; 9. Foreign investment and the international regulation of dangerous substances and activities; 10. Foreign investment and the climate change regime; Part III. Legitimacy Conflicts: 11. Normative priority between different legal systems; 12. Environmental measures and expropriation clauses; 13. Environmental measures and non-discrimination standards; 14. Environmental measures, stability and due process; 15. Defence arguments based on environmental considerations; Concluding observations.
650 0 $aInvestments, Foreign$xLaw and legislation.
650 0 $aEnvironmental law, International.
650 7 $aLAW / International.$2bisacsh
856 42 $3Cover image$uhttp://assets.cambridge.org/97811070/06386/cover/9781107006386.jpg