Investment Treaty Law and Climate Change

ISBN-13: 9783031186547 / Angielski / Twarda / 2023 / 344 str.

Tomás Restrepo Rodríguez

Opis

The book deals with the question whether the investment treaty law system could be harmonized with the climate change international legal framework and the climate interest that lies beyond. The answer to this research question is divided into three parts. The first examines the relevance of the climate change international legal framework in investment treaty disputes as a natural pre(logical)interpretative stage. The second focuses on the BIT’s content-interpretation, which is the orthodox approach to solve the fragmentation between the system of investment treaty law and the system of international climate change law. Finally, the third part tackles this fragmentation through a heterodox approach that is grounded in the direct application of climate change principles through law ascertainment. Apart from concluding that harmonization between investment treaty law and international climate change law is possible through the orthodox approach to the expropriation and the FET standards, as well as through the direct application of the climate change precautionary principle and the CBDRRC principle − heterodox approach, the book suggests that tribunals are expected soon to openly address climate change disputes in their rulings.

Spis treści

1. Introduction.- Part I: Relevance of the Climate Change InternationaL Legal Framework in Investment Treaty-Climate Change Disputes: Pre(logical)interpretative Phase.- 2. Iura Novit Arbiter and the Application of the Climate Change International Legal Framework to Investment Treaty Disputes.- 3. Formal Relevance of the Climate Change International Legal Framework in Investment Treaty Disputes: Defining the System as a Process of Multi(syncretic)lateralization.- 4. Material Relevance of the Climate Change International Legal Framework in Investment Treaty Law: Unveiling Climate Change Disputes in Investment Treaty Law.- Part II: Gravitational Power of the Climate Change International Legal Framework over the  BIT Content-Inerpretation: Orthodox Approach to Harmonisation.- 5. The Orthodox Approach and the Sources of Law in Investment Treaty-Climate Change Disputes.- 6. Orthodox Approach to the Expropriation Standard in Investment Treaty-Climate Change Disputes: Determining the breach through the Sacrificial-Lamb Doctrine.- 7. Orthodox Approach to the Fair and Equitable Treatment Standard (FET) in Investment Treaty-Climate Change Disputes: Determining the Breach through the (Dis)Proportionality/(Un)Reasonableness of the Measure.- Part III: Osmosis of the Global Climate Change International Legal Framework into Investment Treaty Law Through Law Ascertainment: Heterodox Approach to Harmonisation.-8. Heterodox Approach and the Sources of Law in Investment Treaty-Climate Change Disputes.- 9. Direct Application of the Precautionary Principle in Investment Treaty-Climate Change Disputes: Deploying the International Defense of Necessity as a Rule of Law Ascertainment.- 10. Direct Application of the Common but Differentiated Responsibilities and Respective Capabilities Principle (CBDRRC) in Investment treaty-climate change disputes: Vindicating a Differential Approach to  Compensation.- 11. Conclusions.

O autorze

Tomás Restrepo Rodríguez is a Professor at Universidad Externado de Colombia. His education includes a MBL in International Energy Law (TU-Berlin) and a LLM in Banking and Financial Law (Queen Mary, London). He has a Phd in Law. His research interests are energy law, investment law and civil liability

Blurb

The research question that this book intends to solve is whether the investment treaty law system could be harmonized with the climate change international legal framework and the climate interest that lies beyond. The answer to this research question is divided in three parts. The first examines the relevance of the climate change international legal framework in investment treaty disputes as a natural pre(logical)interpretative stage. The second focuses on the BIT’s content-interpretation, which is the orthodox approach to solve the fragmentation between the system of investment treaty law and the system of international climate change law. Finally, the third part tackles this fragmentation through a heterodox approach that is grounded in the direct application of climate change principles through law ascertainment. Apart from concluding that harmonization between investment treaty law and international climate change law is possible through the orthodox approach to the expropriation and the FET standards, as well as through the direct application of the climate change precautionary principle and the CBDRRC principle−heterodox approach, the dissertation suggests that tribunals are expected soon to openly address climate change disputes in their rulings.