International Investment Arbitration and the Environment
About This Class
This course will examine a cutting-edge area of environmental advocacy. Under the umbrella of sustainable development, the course brings together the points of contact between three areas of international law, namely investment, human rights, and the environment, which together form one of the most dynamic areas of international environmental advocacy today. The course will explore how the various treaties underlying these three regimes relate to one another, with a particular emphasis on dispute settlement. In this context, the seminar will examine conflict of norms and hierarchy issues, as well as interpretative tools to prevent or minimize conflict. Besides these theoretical inquiries, the course will cover particular themes where human rights, environmental, and investment law interact, such as: the right to health, the right to water and sanitation, due process and denial of justice, property rights and expropriation, and stabilization clauses and positive human rights obligations. The course will place special emphasis on bilateral investment treaty negotiations, as well as on international investment arbitrations involving health, safety and environmental measures.