This cutting-edge Research Handbook examines how investment law and policy can foster or frustrate sustainable development goals and accords. Expert authors explore opportunities for environmental, social, and economic rules to shape international investment flows, advancing global sustainability and justice.
This cutting-edge Research Handbook examines how investment law and policy can foster or frustrate sustainable development goals and accords. Expert authors explore opportunities for environmental, social, and economic rules to shape international investment flows, advancing global sustainability and justice.
Featuring contributions from leading professors and practitioners, the Research Handbook analyzes innovative legal procedures including sustainability impact assessment, examines new treaty provisions advancing Sustainable Development Goals (SDGs), and considers emerging practices in dispute resolution. Chapters evaluate evolving international investment rules in light of recent law and policy changes, outlining strategies for incentivising more sustainable development. Ultimately, they argue that international law can and should guide investment decisions which affect human rights, environmental protection and poverty eradication.
Presenting novel proposals, this Research Handbook is a crucial resource for scholars and practitioners in international investment law, environmental law, human rights law, and sustainable development law. Its insights will also benefit policy leaders in governments, tribunals and international organizations.
Recenzijas
This well-structured Research Handbook carefully reflects upon the transition from limited functions of international investment law securing the rule of law to fostering sustainable development in recent case law and modern agreements. Marie-Claire Cordonier Segger leads an impressive contribution to this effect. It is a most valuable source and essential reading for all working on international economic law, environmental law and the Sustainable Development Goals. -- Thomas Cottier, University of Bern, Switzerland
Contents
Preface xxii
Acknowledgements xxiii
Table of treaties and statutes xxiv
Table of cases lvii
FOUNDATIONS FOR ANALYSIS
1 Introduction to the Research Handbook on Investment Law and Sustainable
Development 2
Marie-Claire Cordonier Segger, Ted Gleason and Sean Stephenson
2 Contributions of international investment law to the Sustainable
Development Goals 19
Marie-Claire Cordonier Segger, Ted Gleason and Tooba Shahzad
EVOLVING INVESTMENT PROTECTION REGIMES IN LIGHT OF SUSTAINABLE DEVELOPMENT
SCOPING INVESTMENT RELATIONSHIPS
3 Definitions of investment and investors 45
Stefanie Schacherer and August Reinisch
4 Impact assessment of investment agreements for sustainable development 66
Markus W. Gehring and Christoph U. Priess
5 Advances in investment screening under EU law 95
Steffen Hindelang and Andreas Moberg
EVALUATING INVESTMENT LAW PRINCIPLES
6 Full protection and security and environmental considerations 118
Ulyana Bardyn and Levon Golendukhin
7 Public interest measures, expropriation and sustainable development 136
Ted Gleason
8 Proportionality, standards of investment protection, and sustainable
development 164
Gebhard Bücheler and Eric Belgorodski
9 Substantive standards and sustainable development as a sword and shield
199
Jeff Sullivan KC and Stephanie Collins
INVESTMENT TREATY COMMITMENTS AND SUSTAINABLE DEVELOPMENT
10 Investment instruments in treaties on SDGs 2 (zero hunger) and 6 (water)
221
Damilola Olawuyi and Alex Oche
11 Reconciliation of private investment protection and SDG 3 public health
239
Freya Baetens
12 Claims, third-party funding and SDGs 5 (gender) and 16 (justice and
governance) 266
Annie Lespérance, Dana MacGrath and Gian Marco Solas
13 Achieving SDG 7 clean energy through international investment law, and
beyond 281
Avidan Kent
14 Investment treaties and SDGs 8 (work), 9 (infrastructure) and 11 (cities)
306
J Anthony VanDuzer
15 Investment treaties and SDG 13 (climate action) 338
Marie-Claire Cordonier Segger, Markus W. Gehring, Marios Tokas, Javiera
Cįceres Bustamante and Matheus Frederico Paes Garcia
16 Sustainable development and international trade and investment: pathways
for future ambition on SDGs 13 (climate action), 14 (oceans), and 15
(biodiversity) 357
Freedom-Kai Phillips
17 International investment, SDG 16 (justice and governance) and trade
regimes 386
Alexandra Harrington
EMERGING PRIORITIES IN SUSTAINABILITY AND INVESTMENT DEBATES
18 Crafting more sustainable investor-state dispute settlement procedures
through the UNCITRAL ISDS reform process 420
Susanna Kam
19 The contribution of international financial institutions to international
sustainable development law 449
Johanna Aleria P. Lorenzo
20 Implementation of Belt and Road investments and sustainable development
across Asia 473
Manjiao Chi and Yueming Yan
21 Considering foreign investment in light of the sustainable development
goals 492
Kabir A.N. Duggal
CONCLUSIONS
22 Conclusions and future directions 517
Ted Gleason, Marie-Claire Cordonier Segger and Sean Stephenson
Edited by Marie-Claire Cordonier Segger, Chair in Sustainable Development Law and Policy, University of Cambridge and directs the Centre for International Sustainable Development Law (CISDL), UK, Ted Gleason, Associate Professor, Grenoble Ecole de Management, France and Sean Stephenson, Dentons Canada LLP
