Environmental Protection

Climate change, Customary international law, Dispute Settlement, Environment, ICSID Arbitration, International Investment Law, International Law, Uncategorized

/ /Leave a comment

ISDS has faced harsh criticism from environmental groups as being inimical to the protection of the environment. This post argues that environmental protection is an emerging jus cogens norm, and thus, an arising erga omnes obligation, which investment tribunals must recognize as such. Additionally, it explores the legal consequences of applying this public international law…

Uncategorized

(Dr. Ram Manohar Lohia, National Law University)/ /1 Comment

In December 2020, the EU and UK concluded the negotiations of the  Trade and Cooperation Agreement (TCA). This Agreement is a crucial step towards maintaining a long-standing relationship between the EU and the UK. One of the principal goals of the TCA is to achieve climate neutrality by 2050; with this objective, the treaty establishes…

Arbitration, Investment Arbitration, ISDS

(NL-Investmentconsulting)/ /14 Comments

Recently, Joseph Stiglitz, a Nobel Prize-winning economist and Columbia University professor, warned about the dangers of TPP (Trans-Pacific Partnership). “We know we’re going to need regulations to restrict the emissions of carbon,” Stiglitz said. “But under these provisions, corporations can sue the government, including the American government, by the way, so it’s all the governments…