Sustainable Development and Investment Treaty Law

Newcombe, Andrew

doi:10.1163/221190007x00071

Cited by 32 publications

(11 citation statements)

References 1 publication

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“…Occidental Petroleum against Ecuador for the cancellation of oil leases owing to allegations of environmental degradation and human rights abuses; A suit by Texas farming interests claiming that Mexico infringed on their water rights; Methanex corporation's claim that a fuel additive ban to reduce air pollution was an expropriation; A suit against Canada for banning the pesticide Lindane; and A case against the United States targeting environmental measures imposed by the state of California on an open-pit gold mining operation licensed to a Canadian mining company (33).…”

Section: Wwwannualreviewsorg • Economic Globalization and The Envirmentioning

confidence: 99%

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Economic Globalization and the Environment

Gallagher

2009

Annu. Rev. Environ. Resour.

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As the world's economies become more integrated and the global economy subsequently grows, there is increasing concern regarding how such trends will affect the environment. In fact, the relationship between globalization and the environment has become quite contentious in policy circles. In part in response to these controversies, a burgeoning amount of academic attention has emerged that examines the globalization/environment nexus. Although there have been advances in the thinking about these relationships, significant challenges remain. This article provides a critical taxonomy that will help scholars better understand the overwhelming literature on the subject and also outlines the key challenges that scholars and policy makers will face for a second wave of thinking on the subject.

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Section: Wwwannualreviewsorg • Economic Globalization and The Envirmentioning

confidence: 99%

“…Frequently the damages sought, and in several recent cases awarded, have been in excess of a $100 million (33). Environmentalists decry these suits as tilted in favor of MNCs, arguing that they choke the sovereignty of nations to deploy effective environmental laws (25).…”

Section: Wwwannualreviewsorg • Economic Globalization and The Envirmentioning

confidence: 99%

Economic Globalization and the Environment

Gallagher

2009

Annu. Rev. Environ. Resour.

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“…Therefore, respective acquiescence would generally incorporate procurements on financial specialist support. As an outline of this, Salacuse (2015)and Newcombe (2011) recommended that the general principles of treatment of peregrine ventures and financial specialist incorporate the followings: Fair and impartial treatment, Full aegis and security, Intransigent or unfair measures, Expropriation, and Dispossession.…”

Section: Bilateral Investment Treaties and Investors' Protectionmentioning

confidence: 99%

Are Bilateral Investment Treaties (BITs) a Safe Haven to Multinational Companies (MNCs)?

Abdulrahman¹,

Elfakharani²

2016

European Proceedings of Social &Amp; Behavioural Sciences

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One criticism of the most of bilateral trade agreements is that they focus more on the rights than the responsibilities of corporations. Limited liability was never intended to allow corporations to escape liability for any breach of conduct. The International Covenants on Human Rights and the Declaration on the Right to Development established that States are the primary duty bearers of human rights and that, as a consequence, each State needed to regulate foreign investment within its jurisdiction. It is imperative to search for methods of holding MNCs accountable and to regulate their operations so as to benefit local communities as well as the international economic system and that should not be abused. This article reviews the very question on whether BITs are a safe haven for encroachments of Multinational companies. It provides a review of the literature and various external cases that exhibit possible abuse of the BITs provision in the respective host country. This article is intended to provide an understanding as to why BITs are considered a safe haven for MNCs.

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“…It is plainly counter‐intuitive that explicit references to the need for sustainable development in the preambles will lead to goals now being considered under new BITs, but not under the former. This reveals that the basic principles of how to determine the ‘object and purpose’ are far from clear, and even more so what the actual telos eventually is.…”

Section: The Normative Foundations For Developing Investment Treaty Lawmentioning

confidence: 99%

Investment Treaty Law and the Fear for Sovereignty: Transnational Challenges and Solutions

Kleinheisterkamp

2015

Modern Law Review

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This article addresses the vagueness, and the interpretative challenges associated with, international investment agreements (IIAs) and develops a new normative framework for interpreting these treaties. It focuses on the historical embedding of investment protection as a means of facilitating economic development as well as upon its synthetic public law nature. The analysis shows that a teleological approach to interpretation imposes boundaries on the meaning of substantive IIA provisions. The article then elaborates how the transnational dimension of IIAs provides a benchmark, which is the level of protection offered to economic actors against interference by the state in countries with the highest rule of law standards. The article then shows how the resulting challenges of comparative public law could be addressed through the methodology of re‐ and pre‐statement of transnational uniform ‘principles’: sophisticated and detailed rules striking the proper balance between private economic interests and the public regulatory interest, so as to provide more legal certainty for both investors and host states.

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Sustainable Development and Investment Treaty Law

Cited by 32 publications

References 1 publication

Economic Globalization and the Environment

Economic Globalization and the Environment

Are Bilateral Investment Treaties (BITs) a Safe Haven to Multinational Companies (MNCs)?

Investment Treaty Law and the Fear for Sovereignty: Transnational Challenges and Solutions

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