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Safeguarding the Environment? The Effectiveness of Amicus Curiae Submissions in Investor-State Arbitration

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Although amicus curiae participation in investor-state arbitration is important in bringing different insights into the settlement of investment disputes, which often involve issues of public concern, little research has been conducted into the extent to which amicus curiae submissions have had the substantial impact on the outcome of the disputes. Using three cases which involved challenges to the host states’ environmental measures as examples, this paper identifies the approaches amici curiae have taken to advance their environmental arguments, and examines whether these arguments have been considered and addressed by arbitral tribunals.

Affiliations: 1: National Chung Cheng UniversityTaiwan


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