Overview
Provides a groundbreaking approach to harmonization of investment law and climate change law
Lays out an innovative approach to the relevance of climate change in investment law
Original approach to the conflicts and synergies between investment law and climate change law
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Table of contents (11 chapters)
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Front Matter
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Relevance of the Climate Change International Legal Framework in Investment Treaty-Climate Change Disputes: Pre(Logical)Interpretative Phase
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Front Matter
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Gravitational Power of the Climate Change International Legal Framework over the Bit Content-Interpretation: Orthodox Approach to Harmonisation
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Front Matter
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Osmosis of the Global Climate Change International Legal Framework into Investment Treaty Law Through Law Ascertainment: Heterodox Approach to Harmonisation
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Front Matter
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Keywords
- Investment law
- Climate change law
- Investment and climate change
- UN Climate Change
- Bilateral investment treaties
- Fragmentation of investment law
- Harmonization of international law
- International law and climate change
- Multilateralization of investment treaty law
- Free Trade Agreements and Protection to investments
About this book
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.
Authors and Affiliations
About the author
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
Bibliographic Information
Book Title: Investment Treaty Law and Climate Change
Authors: Tomás Restrepo Rodríguez
DOI: https://doi.org/10.1007/978-3-031-18655-4
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2022
Hardcover ISBN: 978-3-031-18654-7Published: 02 January 2023
Softcover ISBN: 978-3-031-18657-8Published: 03 January 2024
eBook ISBN: 978-3-031-18655-4Published: 01 January 2023
Edition Number: 1
Number of Pages: XIII, 344
Topics: International Economic Law, Trade Law, International Environmental Law, Environmental Economics, Climate, general