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The Expropriation of Environmental Governance Kyla Tienhaara (Australian National University, Canberra)

The Expropriation of Environmental Governance By Kyla Tienhaara (Australian National University, Canberra)

The Expropriation of Environmental Governance by Kyla Tienhaara (Australian National University, Canberra)


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Summary

This book examines legal agreements which have been negotiated in recent years that allow corporations to sue governments for changes in public policy that are detrimental to the profitability of an investment project. The focus is on the implications of these agreements for environmental governance, particularly in developing countries.

The Expropriation of Environmental Governance Summary

The Expropriation of Environmental Governance: Protecting Foreign Investors at the Expense of Public Policy by Kyla Tienhaara (Australian National University, Canberra)

Recent years have seen an explosive increase in investor-state disputes resolved in international arbitration. This is significant not only in terms of the number of disputes that have arisen and the number of states that have been involved, but also in terms of the novel types of dispute that have emerged. Traditionally, investor-state disputes resulted from straightforward incidences of nationalisation or breach of contract. In contrast, modern disputes frequently revolve around government measures taken to further public policy goals, such as the protection of the environment. This book explores the outcomes of several investor-state disputes over environmental policy. In addition to examining the pleadings of parties and decisions of arbitral tribunals in disputes that have been resolved in arbitration, the influence that investment arbitration has had in negotiated outcomes to conflicts is also explored.

The Expropriation of Environmental Governance Reviews

' fascinating account adds considerable depth to our understanding environmental lawyers should celebrate its publication.' Environmental Liability

About Kyla Tienhaara (Australian National University, Canberra)

Kyla Tienhaara is a postdoctoral fellow at the Regulatory Institutions Network (RegNet), Australian National University, and a research fellow with the Global Governance Project and the Earth Systems Governance Project.

Table of Contents

Introduction; 1. Concepts and methods; 2. Foreign investment and the environment; 3. The institution of investment protection; 4. International investment agreements; 5. Foreign investment contracts; 6. International investment arbitration; 7. Investor-state disputes; 8. The threat of arbitration; 9. Conclusions.

Additional information

NPB9780521114875
9780521114875
052111487X
The Expropriation of Environmental Governance: Protecting Foreign Investors at the Expense of Public Policy by Kyla Tienhaara (Australian National University, Canberra)
New
Hardback
Cambridge University Press
2009-11-12
340
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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