TY - JOUR

T1 - Environmental Law in Investment Arbitration

T2 - Procedural Means of Incorporation

AU - Asteriti, Alessandra

PY - 2015

Y1 - 2015

N2 - The present article explores the relationship between investment and environmental law by examining the use of counterclaims and jurisdictional and applicable law clauses in IIAs. Environmental issues arising contextually to investment disputes have given rise to sustained debates on the legitimacy deficit of the system; one possible way forward for the debates is through the incorporation of environmental law in the investment regime, and many substantive avenues have been explored, including the reconceptualisation of certain provisions, the adoption of proportionality and balancing by tribunals, and the adjustment of the quantum of compensation. This article focuses on the procedural means of incorporation as the first, inevitable step towards any of the above solutions. Additionally, the article deals in detail with the possibility of asserting counterclaims as a little explored avenue potentially allowing for international and domestic environmental obligations to enter the investment dispute.

AB - The present article explores the relationship between investment and environmental law by examining the use of counterclaims and jurisdictional and applicable law clauses in IIAs. Environmental issues arising contextually to investment disputes have given rise to sustained debates on the legitimacy deficit of the system; one possible way forward for the debates is through the incorporation of environmental law in the investment regime, and many substantive avenues have been explored, including the reconceptualisation of certain provisions, the adoption of proportionality and balancing by tribunals, and the adjustment of the quantum of compensation. This article focuses on the procedural means of incorporation as the first, inevitable step towards any of the above solutions. Additionally, the article deals in detail with the possibility of asserting counterclaims as a little explored avenue potentially allowing for international and domestic environmental obligations to enter the investment dispute.

KW - Law

KW - Investment Arbitration

KW - environment

KW - ICSID Convention

KW - applicable law

KW - investment treaty arbitration

KW - environmental law

KW - jurisdiction

KW - counterclaims

UR - http://www.scopus.com/inward/record.url?scp=85056450212&partnerID=8YFLogxK

U2 - 10.1163/22119000-01602002

DO - 10.1163/22119000-01602002

M3 - Scientific review articles

VL - 16

SP - 248

EP - 273

JO - Journal of World Investment and Trade

JF - Journal of World Investment and Trade

SN - 1660-7112

IS - 2

ER -