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How to Include Environmental Protection, Human Rights and Sustainability in International Investment Law?

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image of The Journal of World Investment & Trade

The analysis takes a closer look at the options available to include non-economic issues in the provisions of something like an emerging eu model bit. The first part addresses some underlying reasons for the more recently visible policy shift in international investment law. The subsequent parts are devoted to a discussion of three different categories of regulatory means aimed at incorporating broader public interest concerns into the normative framework of investment agreements. In this connection, the second part provides some thoughts on respective indirect (interpretative) approaches. Subsequently, an assessment will be given of various regulatory options available to explicitly secure an appropriate policy space for host states based on so far rather uncommon stipulations in investment agreements. The fourth section discusses the competence of the treaty parties to exercise interpretative authority over their bits and the potential importance of this approach in the present context.

Affiliations: 1: Hamburg University, Hamburg, Germany,


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