Investment Treaty Law and Climate Change

Tomás Restrepo Rodríguez

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English

Springer International Publishing AG
03 January 2024

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.

By: Tomás Restrepo Rodríguez
Imprint: Springer International Publishing AG
Country of Publication: Switzerland
Edition: 2022 ed.
Dimensions: Height: 235mm, Width: 155mm,
Weight: 551g
ISBN: 9783031186578
ISBN 10: 3031186575
Pages: 344
Publication Date: 03 January 2024
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

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