Investment Treaty Law and Climate Change
Investment Treaty Law and Climate Change
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Author(s): Restrepo Rodríguez, Tomás
ISBN No.: 9783031186578
Pages: xiii, 344
Year: 202401
Format: Trade Paper
Price: $ 248.39
Dispatch delay: Dispatched between 7 to 15 days
Status: Available

1. Introduction.- Part I: Relevance of the Climate Change InternationaL Legal Framework in Investment Treaty-Climate Change Disputes: Pre(logical)interpretative Phase.- 2. Iura Novit Arbiter and the Application of the Climate Change International Legal Framework to Investment Treaty Disputes.- 3. Formal Relevance of the Climate Change International Legal Framework in Investment Treaty Disputes: Defining the System as a Process of Multi(syncretic)lateralization.- 4.


Material Relevance of the Climate Change International Legal Framework in Investment Treaty Law: Unveiling Climate Change Disputes in Investment Treaty Law.- Part II: Gravitational Power of the Climate Change International Legal Framework over the BIT Content-Inerpretation: Orthodox Approach to Harmonisation.- 5. The Orthodox Approach and the Sources of Law in Investment Treaty-Climate Change Disputes.- 6. Orthodox Approach to the Expropriation Standard in Investment Treaty-Climate Change Disputes: Determining the breach through the Sacrificial-Lamb Doctrine.- 7. Orthodox Approach to the Fair and Equitable Treatment Standard (FET) in Investment Treaty-Climate Change Disputes: Determining the Breach through the (Dis)Proportionality/(Un)Reasonableness of the Measure.


- Part III: Osmosis of the Global Climate Change International Legal Framework into Investment Treaty Law Through Law Ascertainment: Heterodox Approach to Harmonisation.-8. Heterodox Approach and the Sources of Law in Investment Treaty-Climate Change Disputes.- 9. Direct Application of the Precautionary Principle in Investment Treaty-Climate Change Disputes: Deploying the International Defense of Necessity as a Rule of Law Ascertainment.- 10. Direct Application of the Common but Differentiated Responsibilities and Respective Capabilities Principle (CBDRRC) in Investment treaty-climate change disputes: Vindicating a Differential Approach to Compensation.- 11.


Conclusions.


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