THE RELATIONSHIP BETWEEN INTERNATIONAL INVESTMENT LAW AND STATES¿ MEASURES AND OBLIGATIONS IN INTERNATIONAL ENVIRONMENTAL LAW

The thesis discusses the interrelationship between international investment law and States' measures and obligations in international environmental law. It first analyses the level of integration of non-economic concerns – in particular environmental concerns – in investment treaties, with a view to understanding and classifying the different techniques that have been used to achieve such integration. It then reviews the relationship between investment and environmental concerns from the particular angle of “expropriation”. It further examines the relevant practice in the field of State contracts, with a view to understanding what their possible impact on the State’s freedom to adopt environmental measures may be. Finally, it discusses the possible role that procedural mechanisms can play for the advocacy of sustainable development issues within investor-State arbitrations.