File Download
There are no files associated with this item.
Supplementary
-
Citations:
- Appears in Collections:
Article: A Bottom-Up Dilemma: International Investment Law and Environmental Governance
Title | A Bottom-Up Dilemma: International Investment Law and Environmental Governance |
---|---|
Authors | |
Issue Date | 29-Dec-2022 |
Publisher | Columbia University |
Citation | Columbia Journal of Environmental Law, 2022, v. 48, n. 1 How to Cite? |
Abstract | Global environmental governance reflects a bottom-up trend of polycentric, adaptive, and participatory decision-making processes. The legal regime for international investment, by contrast, has a top- down structure that requires consistent, stable, and predictable governance of foreign investment in host states. This difference in structure results in an emerging “bottom-up” dilemma where states face conflicting obligations regarding the distribution of governing authorities, the frequency of norm evolution, and the inclusiveness of decision-making. This paper analyzes three aspects of the bottom-up dilemma—governing actors, scales of governance, and modes of governance—as reflected in the investment arbitration case law. It then conducts an analysis of investment treaties to assess their effectiveness in solving the dilemma and makes proposals for future treaty reform and arbitration practice. In conclusion, the paper proposes to strike a balance between, on the one hand, the protection of foreign investors’ interests in a dynamic and complex governing process, and, on the other hand, the preservation of host states’ policy space to adopt a polycentric and bottom-up governance structure. |
Persistent Identifier | http://hdl.handle.net/10722/338880 |
ISSN |
DC Field | Value | Language |
---|---|---|
dc.contributor.author | Zhu Ying | - |
dc.date.accessioned | 2024-03-11T10:32:13Z | - |
dc.date.available | 2024-03-11T10:32:13Z | - |
dc.date.issued | 2022-12-29 | - |
dc.identifier.citation | Columbia Journal of Environmental Law, 2022, v. 48, n. 1 | - |
dc.identifier.issn | 0098-4582 | - |
dc.identifier.uri | http://hdl.handle.net/10722/338880 | - |
dc.description.abstract | <p>Global environmental governance reflects a bottom-up trend of polycentric, adaptive, and participatory decision-making processes. The legal regime for international investment, by contrast, has a top- down structure that requires consistent, stable, and predictable governance of foreign investment in host states. This difference in structure results in an emerging “bottom-up” dilemma where states face conflicting obligations regarding the distribution of governing authorities, the frequency of norm evolution, and the inclusiveness of decision-making. This paper analyzes three aspects of the bottom-up dilemma—governing actors, scales of governance, and modes of governance—as reflected in the investment arbitration case law. It then conducts an analysis of investment treaties to assess their effectiveness in solving the dilemma and makes proposals for future treaty reform and arbitration practice. In conclusion, the paper proposes to strike a balance between, on the one hand, the protection of foreign investors’ interests in a dynamic and complex governing process, and, on the other hand, the preservation of host states’ policy space to adopt a polycentric and bottom-up governance structure.<br></p> | - |
dc.language | eng | - |
dc.publisher | Columbia University | - |
dc.relation.ispartof | Columbia Journal of Environmental Law | - |
dc.rights | This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. | - |
dc.title | A Bottom-Up Dilemma: International Investment Law and Environmental Governance | - |
dc.type | Article | - |
dc.identifier.doi | 10.52214/cjel.v48i1.10440 | - |
dc.identifier.volume | 48 | - |
dc.identifier.issue | 1 | - |
dc.identifier.eissn | 0098-4582 | - |
dc.identifier.issnl | 0098-4582 | - |