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The Expropriation of Environmental Governance: Protecting Foreign Investors at the Expense of Public Policy Book

The Expropriation of Environmental Governance: Protecting Foreign Investors at the Expense of Public Policy
The Expropriation of Environmental Governance: Protecting Foreign Investors at the Expense of Public Policy, Recent years have seen an explosive increase in investor-state disputes resolved in international arbitration. This is significant not only in terms of the number of disputes that have arisen and the number of states that have been involved, but also in t, The Expropriation of Environmental Governance: Protecting Foreign Investors at the Expense of Public Policy has a rating of 4 stars
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The Expropriation of Environmental Governance: Protecting Foreign Investors at the Expense of Public Policy, Recent years have seen an explosive increase in investor-state disputes resolved in international arbitration. This is significant not only in terms of the number of disputes that have arisen and the number of states that have been involved, but also in t, The Expropriation of Environmental Governance: Protecting Foreign Investors at the Expense of Public Policy
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  • The Expropriation of Environmental Governance: Protecting Foreign Investors at the Expense of Public Policy
  • Written by author Kyla Tienhaara
  • Published by Cambridge University Press, December 2009
  • Recent years have seen an explosive increase in investor-state disputes resolved in international arbitration. This is significant not only in terms of the number of disputes that have arisen and the number of states that have been involved, but also in t
  • Recent years have seen an explosive increase in investor-state disputes resolved in international arbitration. This is significant not only in terms of the number of disputes that have arisen and the number of states that have been involved, but also in t
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Authors

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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The Expropriation of Environmental Governance: Protecting Foreign Investors at the Expense of Public Policy, Recent years have seen an explosive increase in investor-state disputes resolved in international arbitration. This is significant not only in terms of the number of disputes that have arisen and the number of states that have been involved, but also in t, The Expropriation of Environmental Governance: Protecting Foreign Investors at the Expense of Public Policy

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The Expropriation of Environmental Governance: Protecting Foreign Investors at the Expense of Public Policy, Recent years have seen an explosive increase in investor-state disputes resolved in international arbitration. This is significant not only in terms of the number of disputes that have arisen and the number of states that have been involved, but also in t, The Expropriation of Environmental Governance: Protecting Foreign Investors at the Expense of Public Policy

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The Expropriation of Environmental Governance: Protecting Foreign Investors at the Expense of Public Policy, Recent years have seen an explosive increase in investor-state disputes resolved in international arbitration. This is significant not only in terms of the number of disputes that have arisen and the number of states that have been involved, but also in t, The Expropriation of Environmental Governance: Protecting Foreign Investors at the Expense of Public Policy

The Expropriation of Environmental Governance: Protecting Foreign Investors at the Expense of Public Policy

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