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- Title
Beyond Known Worlds: Climate Change Governance by Arbitral Tribunals?
- Authors
Vadi, Valentina
- Abstract
Can economic development and the fight against climate change be integrated successfully'? What role, if any, does international investment law play in global climate governance? Can foreign direct investments (FDI) be tools in the struggle against climate change? What types of claims have foreign investors brought with regard to climate change-related regulatory measures before investment treaty arbitral tribunals? This Article examines the specific question as to whether foreign direct investments can mitigate and/or aggravate climate change. The interplay between climate change and foreign direct investments is largely underexplored and in need of systematization. To map this nexus, this Article proceeds as follows. First, it examines the conceptualization of climate as a global public good. Second, it considers it as an environmental issue. Third, it scrutinizes its conceptualization as a human rights issue. Fourth, it explores critical legal issues raised by the complex interplay between climate change and foreign direct investments. Fifth, it critically assesses several current case studies. Sixth, the Article will present some legal tools to achieve a balance between the different interests at stake. The conclusion will then sum up the key findings of the study.
- Subjects
CLIMATE change laws; ENVIRONMENTAL law; GOVERNMENT policy on climate change; FOREIGN investments; INTERNATIONAL cooperation on environmental protection; INTERNATIONAL cooperation
- Publication
Vanderbilt Journal of Transnational Law, 2015, Vol 48, Issue 5, p1285
- ISSN
0090-2594
- Publication type
Article