PIL.OT / DEVELOPMENT
Environmental Clauses in Investment Arbitration: Deep Roots, Green Shoots and Dead Wood
Development summary
The article examines the functions of environmental clauses in investment arbitration. It develops a typology of 12 treaty clauses across jurisdiction, breach and exception, and assesses whether they reflect general international law, enhance environmental protection or make only a negligible contribution.
Open original publication Environmental Clauses in Investment Arbitration: Deep Roots, Green Shoots and Dead Wood
Research note
Issue
How environmental clauses in investment treaties affect the relationship between States’ regulatory authority for environmental protection and investment protection, including jurisdiction, breach and exception analysis in arbitration.
Concepts
Academic details
“Environmental Clauses in Investment Arbitration: Deep Roots, Green Shoots and Dead Wood”
ICSID Review · 2025
DOI 10.1093/icsidreview/siaf003
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