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Look Inside The Expropriation of Environmental Governance

The Expropriation of Environmental Governance
Protecting Foreign Investors at the Expense of Public Policy

  • Date Published: November 2009
  • availability: Available
  • format: Hardback
  • isbn: 9780521114875


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About the Authors
  • Recent years have seen an explosive increase in investor-state disputes resolved in international arbitration. This is significant not only in terms of the number of disputes that have arisen and the number of states that have been involved, but also in terms of the novel types of dispute that have emerged. Traditionally, investor-state disputes resulted from straightforward incidences of nationalisation or breach of contract. In contrast, modern disputes frequently revolve around government measures taken to further public policy goals, such as the protection of the environment. This book explores the outcomes of several investor-state disputes over environmental policy. In addition to examining the pleadings of parties and decisions of arbitral tribunals in disputes that have been resolved in arbitration, the influence that investment arbitration has had in negotiated outcomes to conflicts is also explored.

    • Extensive literature review provides an overview of a rapidly developing field
    • Case studies give the reader the real-world context and assist understanding
    • Combination of legal and political analysis gives the reader a more holistic understanding
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    Reviews & endorsements

    '… fascinating account … adds considerable depth to our understanding … environmental lawyers should celebrate its publication.' Environmental Liability

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    Product details

    • Date Published: November 2009
    • format: Hardback
    • isbn: 9780521114875
    • length: 340 pages
    • dimensions: 229 x 152 x 21 mm
    • weight: 0.62kg
    • availability: Available
  • Table of Contents

    1. Concepts and methods
    2. Foreign investment and the environment
    3. The institution of investment protection
    4. International investment agreements
    5. Foreign investment contracts
    6. International investment arbitration
    7. Investor-state disputes
    8. The threat of arbitration
    9. Conclusions.

  • Author

    Kyla Tienhaara, Australian National University, Canberra
    Kyla Tienhaara is a postdoctoral fellow at the Regulatory Institutions Network (RegNet), Australian National University, and a research fellow with the Global Governance Project and the Earth Systems Governance Project.

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