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The Expropriation of Environmental Governance
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.
Green Keynesianism and the Global Financial Crisis
It is widely accepted that limiting climate change to 2°C will require substantial and sustained investments in low-carbon technologies and infrastructure. However, the dominance of market fundamentalism in economic thinking for the past three decades has meant that governments have generally viewed large spending programs as politically undesirable. In this context, the Global Financial Crisis (GFC) represented a huge opportunity for proponents of public investment in environmental projects or "Green Keynesianism". This book examines the experience of Australia, Canada, Japan, Korea, and the United States with Green Keynesian stimulus programs in the wake of the GFC. Unfortunately, on the ...
A Green and Just Recovery from COVID-19?
Stimulus spending to address the economic crisis brought on by the COVID-19 pandemic has the potential to either facilitate the transition away from fossil energy or to lock in carbon-intensive technologies and infrastructure for decades to come. Whether they are focused on green sectors or not, stimulus measures can alleviate or reinforce socio-economic inequality. This Element delves into the data in the Energy Policy Tracker to assess the extent to which energy policies adopted during the pandemic will expedite decarbonization and explores whether governments address inequities through policies targeted to disadvantaged, marginalized and underserved individuals and communities. The overall finding is that the recovery has not been sufficiently green or just. Nevertheless, a small number of policies aim to advance distributive justice and provide potential models for policymakers as they continue to attempt to 'build back better'. This title is also available as Open Access on Cambridge Core.
Routledge Handbook on the Green New Deal
In recent years, the Green New Deal has moved from relative obscurity to front and centre of policy discussions and public debates about how to respond to the climate crisis. It has been credited with radically changing the nature of the conversation on climate change and with re-energizing the environmental movement at a critical time. All Green New Deal proposals share an emphasis on the need for governments (rather than markets) to lead the energy transition. However, they differ in other respects. This Handbook analyses the fundamentals underlying all Green New Deals as well as exploring national and regional variations. It is divided into three parts. The first part examines the politic...
Investment Arbitration and Climate Change
At the nexus between international investment law, climate law, and human rights law, States’ obligations to protect foreign investments clash with their right – or even their duty – to regulate to protect the planet and people. State efforts at climate change mitigation and adaptation have already triggered claims of liability under the investor-protection provisions of bilateral and multilateral investment treaties. In this comprehensive elaboration on the topic, stellar experts and practitioners describe different types of climate-related investment disputes, provide a thorough analysis of the unique procedural issues that emerge in such disputes, and evaluate the proper balance bet...
Energy Dependence and Supply Security
Russia's 2022 invasion of Ukraine administered an unprecedented shock to the European and global energy markets, triggering emergency interventions and market reforms to limit the impact of the crisis on energy prices and supply security. More fundamentally, the supply shock sparked a profound reappraisal of foreign supply and infrastructure dependencies (for example, on China), leading states to adopt new legal initiatives to strengthen the resilience of their clean energy supply chains. Energy geopolitics and supply security are now firmly back at the centre of global energy policy, and in this new geopolitical reality, we critically need to reassess the role of energy law in the creation ...
Global Environmental Governance Reconsidered
An examination of three major trends in global governance, exemplified by developments in transnational environmental rule-setting. The notion of global governance is widely studied in academia and increasingly relevant to politics and policy making. Yet many of its fundamental elements remain unclear in both theory and practice. This book offers a fresh perspective by analyzing global governance in terms of three major trends, as exemplified by developments in global sustainability governance: the emergence of nonstate actors; new mechanisms of transnational cooperation; and increasingly segmented and overlapping layers of authority. The book, which is the synthesis of a ten-year “Global ...
The Trans-Pacific Partnership
This book considers the impact of the Trans-Pacific Partnership [TPP] on intellectual property and trade. The book focuses upon the debate over copyright law, intermediary liability, and technological protection measures. The text examines the negotiations over trade mark law, cybersquatting, geographical indications and the plain packaging of tobacco products. It explores the debate over patent law and access to essential medicines, data protection and biologics, and the protection of trade secrets. In addition, the book investigates the treatment of Indigenous intellectual property, access to genetic resources, and plant breeders’ rights.
International Investment Protection and Constitutional Law
This book develops a conceptual framework that captures not only the tensions between constitutional values that are common to liberal democracies – human rights, democracy, and the rule of law – and the investment treaty regime, but also the potential for co-existence and complementarity.
Yearbook on International Investment Law & Policy 2011-2012
The Yearbook on International Investment Law & Policy 2011-2012 monitors current developments in international investment law and policy, focusing on recent trends and issues in foreign direct investment (FDI). This edition also discusses regulatory and policy developments regarding FDIs in extractive industries.
