Investor-State Arbitration and Domestic Environmental Protection

Abstract

Environmentalists and advocates of free trade have begun to agree that disputes arising under international trade and investment agreements raise not only commercial issues, but also important questions of public policy. This Note explores whether and how a country can protect the environment through domestic laws given the frequency with which a provision requiring Investor-State Dispute Settlement (ISDS), a particular dispute resolution mechanism, is included in investment agreements and subsequently utilized by corporations.

Keywords

climate change, environment, trade, ISDS, Investor-State, pollution, arbitration, TTP, Trans-Pacific Partnership

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Authors

Tamara L. Slater (Washington University in St. Louis)

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