Investment Treaty Law and Climate Change

The book explores the possibility of harmonizing investment treaty law with the climate change international legal framework, examining the relevance of the climate change framework in investment treaty disputes, the content-interpretation of BITs, and the fragmentation between the two systems. It suggests that harmonization is possible through the orthodox approach and the direct application of climate change principles, and that tribunals are expected to address climate change disputes in their rulings.

Format: Hardback
Length: 344 pages
Publication date: 02 January 2023
Publisher: Springer International Publishing AG

The book delves into the intriguing question of whether the investment treaty law system can be harmonized with the international legal framework addressing climate change. This research inquiry is divided into three compelling parts. The first part explores the significance of the climate change international legal framework in investment treaty disputes, serving as a natural pre(logical) interpretative stage. The second part delves into the content-interpretation of BITs, the traditional approach employed to bridge the gap between investment treaty law and international climate change law. Lastly, the third part takes a heterodox approach, 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 achievable through the orthodox approach to 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 proposes that tribunals will soon openly address climate change disputes in their rulings.

This comprehensive exploration of the interplay between investment treaty law and climate change law offers valuable insights into the complex dynamics of international legal frameworks. It sheds light on the potential for harmonization and the role that tribunals can play in addressing these critical issues. The book is a valuable resource for scholars, policymakers, and practitioners alike, as it contributes to the ongoing discourse on sustainable development and the role of international law in addressing climate change challenges.

Weight: 705g
Dimension: 235 x 155 (mm)
ISBN-13: 9783031186547
Edition number: 1st ed. 2022