Bilateral and Multilateral Investment Treaties and Their Relationship with Environmental Norms and Measures

Introduction

Contemporary Investment Law – Outline of Methodological Approach

1. Environmental Norms and Principles

›Environment‹ as a Concept – Development of Environmental Regulation – Subject Areas of Environmental Law – Fundamental Principles of Environmental Law – Scenarios of Potential Conflict – Conclusion

2. The Influence of Environmental Concepts on the Interpretation of Investment Provisions

Conflicts of Norms and Interpretation – Preambular Clauses – References within the Substantive Provisions of the Respective Treaties – Further Points of Entry for Relevant Rules of International Law – Conclusion

3. Standards of Non-Discriminatory Treatment

National Treatment – Most-Favoured Nation Treatment – Prohibition against Arbitrary and Discriminatory Measures – The Environmental Relevance of Standards of Non-Discrimination – Summary

4. Standards of Fair Treatment

Full Protection and Security – Fair and Equitable Treatment – Analysis of Case Law Concerning Environmental Measures – Prohibition against Arbitrary or Unreasonable Measures – The Environmental Relevance of Standards of Fairness – Summary

5. Expropriation

Direct Expropriation – Indirect Expropriation – Analysis of Case Law Concerning Environmental Measures – Expropriation in the Environmental Context – Application of Criteria to Different Scenarios – Compensation – Conclusion

Conclusion

Bibliography

Table of Decisions

Table of Treaties and Other International Instruments

Subject Index