Adjudicating Environmental Disputes Through Investment Treaty Arbitration
Special Issue in the Journal of World Investment & Trade. (Vol. 18), edited by Daniel Behn and Ole Kristian Fauchald.
"In this Special Issue – which is the result of a two-day symposium we organized together with Christina Voigt at PluriCourts in Oslo in November 2015 – we present five articles concerning the resolution of investment disputes involving environmental components. The approaches taken by the authors is empirical and doctrinal, and focus on how such disputes have been resolved to date, the impact that the disputes have had on the design of treaties and dispute settlement procedures, and how current developments in both treaty design and dispute practice may alter the way that such disputes are adjudicated in the future. Our aim has been to focus on ITA 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. We set out to explore how international investment law and environmental law might become more mutually supportive and complimentary in the context of the adjudication of foreign investment disputes, rather than to continue thinking of them principally in terms of conflict."