The book deals with the question whether the investment treaty law
system could be harmonized with the climate change international legal
framework and the climate interest that lies beyond. The answer to
this research question is divided into three parts. The first examines
the relevance of the climate change international legal framework in
investment treaty disputes as a natural pre(logical)interpretative
stage. The second focuses on the BIT’s content-interpretation, which
is the orthodox approach to solve the fragmentation between the system
of investment treaty law and the system of international climate
change law. Finally, the third part tackles this fragmentation through
a heterodox approach that is grounded in the direct application of
climate change principles through law ascertainment. Apart from
concluding that harmonization between investment treaty law and
international climate change law is possible through the orthodox
approach to the expropriation and the FET standards, as well as
through the direct application of the climate change precautionary
principle and the CBDRRC principle − heterodox approach, the book
suggests that tribunals are expected soon to openly address climate
change disputes in their rulings.
Les mer
Produktdetaljer
ISBN
9783031186554
Publisert
2024
Utgiver
Springer Nature
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter