The Journal of World Investment & Trade · 2014 · 29 citations · 0 references
LawEnvironmental LawInternational LawForeign Direct InvestmentInternational Investment LawSustainable DevelopmentForeign Direct Investment LawForeign Direct Investment RegulationForeign Investment RegulationInternational Environmental AgreementsInvestment ProtectionInvestment TreatiesBilateral Treaty PracticeEconomic Development StrategyForeign Investment ProtectionInvestment Treaty InterpretationInvestment Treaty JurisdictionInvestment Treaty RegimesMultilateral Treaty PracticeTreaty Standards Of Protection
States increasingly criticize the current foreign investment protection regime, arguing it imposes undue regulatory limits and hampers sustainable development. The article explores the link between foreign investment and sustainable development and evaluates how states can leverage investment treaties for economic growth while safeguarding the environment, labour standards, and human rights. The study reviews recent treaty practice and proposes a tentative taxonomy of clauses and techniques that could establish a stable, predictable legal framework for foreign investment while respecting private and public interests. The authors propose a tentative taxonomy of treaty clauses and techniques that could create a stable, predictable legal framework for foreign investment that respects private and public interests.
States are increasingly critical of the current regime of protection of foreign investment. They often believe that investment treaties require undue limitations of their regulatory powers and undermine their effort to develop sustainably. The article first explores the relationship between foreign investment and sustainable development. It then examines recent treaty practice and assesses how States can take full advantage of investment treaties as vehicles for economic development without compromising on the protection of the environment, labour standard and human rights. It also provides a tentative taxonomy of the different treaty clauses and techniques that may contribute to create a stable and predictable legal framework for foreign investment that is also respectful of the various private and public interests involved.