Investment Treaty Law and Climate Change (1st ed. 2022)

By: Tomás Restrepo Rodríguez

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Synopsis: 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.

Book Quality:: Publisher Quality
ISBN-13:: 9783031186554
Related ISBNs:: 9783031186547
Publisher:: Springer Nature Switzerland
Date of Addition:: 01/20/23
Copyrighted By:: The Editor
Adult content:: No
Language:: English
Has Image Descriptions:: No
Categories:: Nonfiction, Business and Finance, Earth Sciences, Law, Legal Issues and Ethics
Submitted By:: Bookshare Staff
Usage Restrictions:: This is a copyrighted book.