The Present and Future Role of Investment Treaty Arbitration in Adjudicating Environmental Disputes

Most of the discourse and analysis on this topic has focused on issues of fragmentation, conflict, and the balancing of obligations between legal regimes.  But can International Investment Law and Environmental Law be supportive and mutually complementary?

Investment and the Environment

Photo credit: Colourbox

This symposium will focus on investment treaty arbitration from a forward-looking perspective on how future practice might be shaped or reformed in a way that can both promote environmental sustainability and protect responsible and legitimate foreign investments.

In light of this focus, the symposium will engage participants in discussions on specific reform proposals and practical policy and treaty practice responses to issues dealing with how international investment law and environmental law might become more mutually supportive and complimentary especially in the context of the adjudication of foreign investment disputes concerning environmental issues.

A copy of the symposium schedule can be found here.

A copy of the symposium concept note can be found here.

If you wish to attend the symposium, a limited number of seats are available: please register here.

Practical information can be found here.

A detailed map of the location of the symposium can be found here.

Symposium schedule

Thursday, November 5

Welcome and introduction to the symposium

Daniel Behn, Ole Kristian Fauchald, Geir Ulfstein and Christina Voigt, University of Oslo

Reforming future international investment treaties

Chair and discussant: Freya Baetens, University of Leiden

Building better investment agreements? Assessing the impact of EU investment law on sustainable development, the green economy and climate change

Markus Gehring and Sean Stephenson, CISDL Canada

Integrating environmental impact assessments into international investment agreements: promoting conflict or cooperation?

Graham Mayeda, University of Ottawa

Legal and interpretative tools available to investment tribunals in adjudicating environmental disputes

Chair and discussant: Caroline Foster, University of Auckland

Interpreting WTO-style environmental exceptions in investment treaties: assumptions and reality

Amelia Keene, Associate Legal Officer ICJ

Could the precautionary principle be an answer?

Hamideh Barmakhshad, University of Dundee

International investment law and the environment: using the WTO experience as a lodestar

Markus Wagner, University of Miami

 

A view from practice: litigating environmental disputes before arbitral tribunals

Chair and discussant: Mads Andenas, University of Oslo

 

Environmental policies: a shield or a sword in investment arbitration?

Jeffrey Sullivan, Allen and Overy

Proving your case: the role of fact and expert evidence in environmental disputes before international tribunals

Robert Kirkness, Freshfields

Expert roundtable on the role of investment treaty arbitration in adjudicating environmental disputes

Moderators: Daniel Behn, Ole Kristian Fauchald and Christina Voigt, University of Oslo

  • Caroline Foster, University of Auckland
  • Andrea Bjorklund, McGill University
  • Stephan Schill, University of Amsterdam
  • Jorge Vinuales, University of Cambridge
  • Freya Baetens, University of Leiden
  • Markus Gehring, University of Cambridge

Friday, November 6

The role of arbitrators in adjudicating environmental disputes

Chair and discussant: Jorge Vinuales, University of Cambridge

Greening the international investment regime: the role of arbitrators

Malcolm Langford and Daniel Behn, University of Oslo

Qualitative comparative analysis (QCA) of investment treaty arbitrations with an environmental component

Tamar Meshel, University of Toronto and Max Planck Institute Luxembourg

Should future IIAs demand a specific ‘green expertise’ from the arbitrators?

Katia Fach Gómez, University of Zaragoza

A debate on the ‘publicness’ of investment treaty arbitration

Moderator: Christina Voigt, University of Oslo

A new stratosphere? Investment treaty arbitration as internationalized public law

Caroline Foster, University of Auckland

Discussant: Stephan Schill, University of Amsterdam

     

Procedural issues in resolving environmental disputes before arbitral tribunals

Chairs and discussants: Markus Gehring, University of Cambridge

Procedural innovations in the adjudication of environmental disputes: the experience of the PCA

Martin Doe and Nicola Peart, Legal Counsel PCA

A case for adjudicating environmental rights of host state’s local population before an international investment court

Lorena Martínez Hernández, Universitat Rovira I Virgili

Interpretive issues in resolving environmental disputes before arbitral tribunals

Chair and discussant: Andrea Bjorklund, McGill University

The fluid nature of water rights in investment arbitration

Ana-Maria Daza, University of Edinburgh

Fair and equitable treatment, deference and legitimacy in investment treaty arbitration: the applicable standard of review under NAFTA’s article 1105

Emily Stein, Uppsala University

Recent and pending disputes with an environmental component

Chair and discussant: Ole Kristian Fauchald, University of Oslo

Protecting or harming the environment? Allard v Barbados and the European renewable energy disputes

Maksim Usynin and Daniel Behn, University of Oslo

The Bilcon decision: environmental review processes and threats of regulatory chill

Laura Letourneau-Tremblay, University of Oslo

 

Wrapping-up

Daniel Behn, Ole Kristian Fauchald and Christina Voigt, University of Oslo


 

Tags: Environment, Investment, Legitimacy
Published Apr. 30, 2015 2:49 PM - Last modified Nov. 2, 2015 4:56 PM