The thesis discusses the interrelationship between international investment law and States' measures and obligations in international environmental law. It first analyses the level of integration of non-economic concerns – in particular environmental concerns – in investment treaties, with a view to understanding and classifying the different techniques that have been used to achieve such integration. It then reviews the relationship between investment and environmental concerns from the particular angle of “expropriation”. It further examines the relevant practice in the field of State contracts, with a view to understanding what their possible impact on the State’s freedom to adopt environmental measures may be. Finally, it discusses the possible role that procedural mechanisms can play for the advocacy of sustainable development issues within investor-State arbitrations.
THE RELATIONSHIP BETWEEN INTERNATIONAL INVESTMENT LAW AND STATES¿ MEASURES AND OBLIGATIONS IN INTERNATIONAL ENVIRONMENTAL LAW / M. Potesta' ; tutor: Tullio Treves ; (co-tutor): Nerina Boschiero ; coordinatore: Marco Pedrazzi. Universita' degli Studi di Milano, 2011 Feb 07. 23. ciclo, Anno Accademico 2010.
THE RELATIONSHIP BETWEEN INTERNATIONAL INVESTMENT LAW AND STATES¿ MEASURES AND OBLIGATIONS IN INTERNATIONAL ENVIRONMENTAL LAW
M. Potesta'
2011
Abstract
The thesis discusses the interrelationship between international investment law and States' measures and obligations in international environmental law. It first analyses the level of integration of non-economic concerns – in particular environmental concerns – in investment treaties, with a view to understanding and classifying the different techniques that have been used to achieve such integration. It then reviews the relationship between investment and environmental concerns from the particular angle of “expropriation”. It further examines the relevant practice in the field of State contracts, with a view to understanding what their possible impact on the State’s freedom to adopt environmental measures may be. Finally, it discusses the possible role that procedural mechanisms can play for the advocacy of sustainable development issues within investor-State arbitrations.File | Dimensione | Formato | |
---|---|---|---|
phd_unimi_R07496.pdf
accesso riservato
Tipologia:
Tesi di dottorato completa
Dimensione
1.19 MB
Formato
Adobe PDF
|
1.19 MB | Adobe PDF | Visualizza/Apri Richiedi una copia |
Pubblicazioni consigliate
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.