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?
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
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Welcome and introduction to the symposium Daniel Behn, Ole Kristian Fauchald, Geir Ulfstein and Christina Voigt, University of Oslo |
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Reforming future international investment treaties Chair and discussant: Freya Baetens, University of Leiden |
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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 |
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Integrating environmental impact assessments into international investment agreements: promoting conflict or cooperation? Graham Mayeda, University of Ottawa |
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Legal and interpretative tools available to investment tribunals in adjudicating environmental disputes Chair and discussant: Caroline Foster, University of Auckland |
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Interpreting WTO-style environmental exceptions in investment treaties: assumptions and reality Amelia Keene, Associate Legal Officer ICJ |
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Could the precautionary principle be an answer? Hamideh Barmakhshad, University of Dundee |
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International investment law and the environment: using the WTO experience as a lodestar Markus Wagner, University of Miami |
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A view from practice: litigating environmental disputes before arbitral tribunals Chair and discussant: Mads Andenas, University of Oslo |
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Environmental policies: a shield or a sword in investment arbitration? Jeffrey Sullivan, Allen and Overy |
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Proving your case: the role of fact and expert evidence in environmental disputes before international tribunals Robert Kirkness, Freshfields |
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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
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Friday, November 6
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The role of arbitrators in adjudicating environmental disputes Chair and discussant: Jorge Vinuales, University of Cambridge |
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Greening the international investment regime: the role of arbitrators Malcolm Langford and Daniel Behn, University of Oslo |
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Qualitative comparative analysis (QCA) of investment treaty arbitrations with an environmental component Tamar Meshel, University of Toronto and Max Planck Institute Luxembourg |
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Should future IIAs demand a specific ‘green expertise’ from the arbitrators? Katia Fach Gómez, University of Zaragoza |
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A debate on the ‘publicness’ of investment treaty arbitration Moderator: Christina Voigt, University of Oslo |
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A new stratosphere? Investment treaty arbitration as internationalized public law Caroline Foster, University of Auckland Discussant: Stephan Schill, University of Amsterdam |
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Procedural issues in resolving environmental disputes before arbitral tribunals Chairs and discussants: Markus Gehring, University of Cambridge |
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Procedural innovations in the adjudication of environmental disputes: the experience of the PCA Martin Doe and Nicola Peart, Legal Counsel PCA |
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A case for adjudicating environmental rights of host state’s local population before an international investment court Lorena Martínez Hernández, Universitat Rovira I Virgili |
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Interpretive issues in resolving environmental disputes before arbitral tribunals Chair and discussant: Andrea Bjorklund, McGill University |
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The fluid nature of water rights in investment arbitration Ana-Maria Daza, University of Edinburgh |
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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 |
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Recent and pending disputes with an environmental component Chair and discussant: Ole Kristian Fauchald, University of Oslo |
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Protecting or harming the environment? Allard v Barbados and the European renewable energy disputes Maksim Usynin and Daniel Behn, University of Oslo |
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The Bilcon decision: environmental review processes and threats of regulatory chill Laura Letourneau-Tremblay, University of Oslo |
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Wrapping-up Daniel Behn, Ole Kristian Fauchald and Christina Voigt, University of Oslo |