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Acknowledgements vii
Acronyms and abbreviations ix
Introduction 1
1 Concepts and methods 4
1.1 Foreign investment and the global economy 4
1.2 Conflicts between foreign investors and host states 8
2 Foreign investment and the environment 18
2.1 Economic growth and environmental protection 19
2.2 Capital mobility and environmental regulation 21
2.3 Doing what is 'best'? 26
3 The institution of investment protection 38
3.1 Emergence of the institution 39
3.2 A public or private institution? 54
3.3 Effectiveness of the institution 58
4 International investment agreements 63
4.1 Key provisions 64
4.2 Environmental impact assessments 85
4.3 Potential implications for environmental governance 89
5 Foreign investment contracts 95
5.1 Key provisions 96
5.2 Contract negotiations and contract disclosure 113
5.3 Potential implications for environmental governance 116
6 International investment arbitration 121
6.1 Introducing CSID and UNCITRAL 122
6.2 Transparency and non-party participation 131
6.3 Potential implications for environmental governance 142
7 Investor-state disputes 151
7.1 Cases completing the jurisdictional phase 152
7.2 Cases completing the merits phase 162
7.3 Pending cases 198
7.4 Analysis 204
7.5 Implications for environmental governance 208
8 The threat of arbitration 217
8.1 Conflicts over policy 217
8.2 Conflicts over domestic court proceedings 249
8.3 Implications for environmental governance 261
9 Conclusions 267
9.1 The bigger picture 267
9.2 Once BITten, twice shy? 278
9.3 Moving forward 283
References 294
Index 319
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