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Litigating Environmental Disputes: Courts, Tribunals and the Progressive Development of International Environmental Law

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Chapter Summary

International courts and tribunals have acted to clarify the meaning and effect of treaty norms, to identify the existence of customary norms of general application, and to establish a more central role for environmental considerations in the international legal order. This chapter deals with a related issue, namely how one identifies and characterizes an "environmental dispute". It addresses the issue of principle concern for the arbitration of disputes relating to foreign investment protection and the environment. The subject arises because of the convergence of two recent developments: the rapid growth in direct foreign investment (flows of which now dwarf public sector development assistance), and the sharp increase in environmental consciousness, resulting in new norms of environmental law adopted at the national and international levels.

Keywords: environmental disputes; foreign investment protection; international courts; international environmental law; tribunals



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