Abstract
The aim of this contribution is to examine how the environmental conundrums are brought before arbitral tribunals within the ambit of international investment law. It seeks to understand whether these tribunals specialised in investment law constitute an appropriate forum to consider environmental issues. The method applied is an inductive one. The general argumentation is indeed induced from the study of the awards rendered by arbitral tribunals, mainly within the Latin-American region. In this vein, the article concludes that although investment tribunals are not primarily designated to apply environmental law, they do, practically, accept environment protection arguments: this will be presented as an “environmental defense”. The article highlights the conditions for such a defense to be successful. For this reason, the contribution has a practical value: instead of focusing on the protection of the environment as a mere objective – as it is often done -, it presents such a protection as a means of defense in arbitral litigations.
Highlights
As arbitragens sobre investimentos são apropriadas para tratar temas ambientais? Uma perspectiva latino-americana*. The aim of this contribution is to examine how the environmental conundrums are brought before arbitral tribunals within the ambit of international investment law
Many Latin American States have always had a tumultuous relationship with international investment law[3]
Despite a surely unconscious Calvo heritage distilled in their mindset, they remain strong and important actors of this law field[4]. In view of this Biennial Conference of the Latin American Society of International Law, it is on the Latin American background that this article will consider to what extent investment arbitration is an appropriate venue for environmental questions
Summary
The aim of this contribution is to examine how the environmental conundrums are brought before arbitral tribunals within the ambit of international investment law. Many Latin American States have always had a tumultuous relationship with international investment law[3]. Two levels where international investment law and environmental protection meet.
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