Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Trumping the Environment? An Empirical Perspective on the Legitimacy of Investment Treaty Arbitration

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of The Journal of World Investment & Trade

Disputes involving an environmental component continue to be at the forefront of ongoing legitimacy debates in investment treaty arbitration. Critics of the international investment regime contend that arbitration favors the property rights of foreign investors over the need of host states to environmentally regulate and legislate in the public interest. While there is some doctrinal and anecdotal evidence to this effect, we ask whether investment treaty arbitration as a whole is as problematic for domestic environmental protection as has been perceived. With mixed method techniques, we analyze environmental cases in the context of five specific legitimacy concerns. Overall, we find that critiques of the system require nuance and clarification of the normative benchmarks for legitimacy assessments. In a number of important areas, the critiques do have purchase but in the aggregate, the most problematic cases are often successfully defended by respondent states.

Affiliations: 1: University of OsloNorway ; 2: University of OsloNorway


Full text loading...


Data & Media loading...

Article metrics loading...



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    The Journal of World Investment & Trade — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation