Course129106747169 lectures
International Investment Law and the Environment
Prof. Eluckiaa A · NALSAR University of Law
About
The countries started signing Bilateral Investment Treaties (BITs) and other Treaties with Investment Provisions (TIPs) to afford protections to foreign investment. But over time, these protections given in the BITs and TIPs were invoked to challenge the regulatory measures of the host state taken for protection of the environment and public health. Environmentalists and other scholars criticised International Investment Law as they found it biased in favour of foreign investors over environmental protection. This course focuses on examining the intricate relationship between international investment law and environmental concerns, exploring how these fields intersect and influence one another.
Intended audience: LL.B., LL.M, Ph.D. students, practitioners
Lectures
Week 1
- What is International Investment Law?
- Foreign Investment and the Environment: Conflict or Coexistence? Segment 1
- Foreign Investment and the Environment: Conflict or Coexistence? Segment 2
- Foreign Investment and the Environment: Conflict or Coexistence? Segment 3
- Regulatory Chill’ and ‘Race to the Bottom - Segment 1
- Regulatory Chill’ and ‘Race to the Bottom - Segment 2
- Regulatory Chill’ and ‘Race to the Bottom - Segment 3
Week 2
- Foreign Investment: Historical context - (Segment 1)
- Foreign Investment: Historical context - (Segment 2)
- Protecting Foreign Investment: European Context
- Protecting Foreign Investment: Beyond Europe - (Segment 1)
- Protecting Foreign Investment: Beyond Europe - (Segment 2)
- Protecting Foreign Investment: Some Instances - (Segment 1)
- Protecting Foreign Investment: Some Instances - (Segment 2)
- Protecting Foreign Investment: Some Instances - (Segment 3)
- Protecting Foreign Investment: Some Instances - (Segment 4)
- Protecting Foreign Investment through Diplomatic Protection and International Minimum Standard of Treatment
Week 3
- Challenges to Protection of Foreign Investment - (Segment 1)
- Challenges to Protection of Foreign Investment - (Segment 2)
- Challenges to Protection of Foreign Investment - (Segment 3)
- Challenges to Protection of Foreign Investment - (Segment 4)
- Challenges to Protection of Foreign Investment - (Segment 5)
- Response of Capital-Importing Countries to Developing Investment Protection Standards - (Segment 1)
- Response of Capital-Importing Countries to Developing Investment Protection Standards - (Segment 2)
- Response of Capital-Importing Countries to Developing Investment Protection Standards - (Segment 3)
- Response of Capital-Importing Countries to Developing Investment Protection Standards - (Segment 4)
- Competing Interests: Capital-Importing vs. Capital-Exporting Countries in International Conferences and International Organisations - (Segment 1)
- Competing Interests: Capital-Importing vs. Capital-Exporting Countries in International Conferences and International Organisations - (Segment 2)
- Competing Interests: Capital-Importing vs. Capital-Exporting Countries in International Conferences and International Organisations - (Segment 3)
- Move Towards Regulating Foreign Investment - (Segment 1)
- Move Towards Regulating Foreign Investment - (Segment 2)
- Move Towards Regulating Foreign Investment - (Segment 3)
- Move Towards Regulating Foreign Investment - (Segment 4)
Week 4
- Practice of Signing Bilateral Investment Treaties (BIT)
- Investment Protection Standards: Part 1
- Investment Protection Standards: Part 2
- Investment Protection Standards: Part 3
- Non-Discriminatory Provisions in BITs
- Other Protection Standards in BITs
- Investor-State Dispute Settlement (ISDS)
Week 5
- Should Host State Regulate Foreign Investment
- Right to Regulate and International Investment Agreements - Part 1
- Right to Regulate and International Investment Agreements - Part 2
- Right to Regulate and International Investment Agreements - Part 3
- Interpreting the Right to Regulate in IIAs
- Sole Effects Doctrine - Part 1
- Sole Effects Doctrine - Part 2
- Sole Effects Doctrine - Part 3
- Police Power Doctrine Approach of Arbitral Tribunals in Investment Arbitration while Reviewing Regulatory Measures - 1
- Police Power Doctrine Approach of Arbitral Tribunals in Investment Arbitration while Reviewing Regulatory Measures - 2
- Police Power Doctrine Approach of Arbitral Tribunals in Investment Arbitration while Reviewing Regulatory Measures - 3
- Police Power Doctrine Approach of Arbitral Tribunals in Investment Arbitration while Reviewing Regulatory Measures - 4
- Weighing and Balancing Approach for Reviewing Regulatory Measures - Part 1
- Weighing and Balancing Approach for Reviewing Regulatory Measures - Part 2
- Weighing and Balancing Approach for Reviewing Regulatory Measures - Part 3
- Weighing and Balancing Approach for Reviewing Regulatory Measures - Part 4
Week 6
- Metalclad vs. Mexico - Segment 1
- Metalclad vs. Mexico - Segment 2
- SD Myers vs. Canada - Segment 1
- SD Myers vs. Canada - Segment 2
- SD Myers vs. Canada - Segment 3
- SD Myers vs. Canada - Segment 4
- SD Myers vs. Canada - Segment 5
- Methanex vs. United States - Segment 1
- Methanex vs. United States - Segment 2
- Methanex vs. United States - Segment 3
- Methanex vs. United States - Segment 4
- Methanex vs. United States - Segment 5
- Methanex vs. United States - Segment 6
- Standard of Review in ISDS involving Environmental Concerns
- Margin of Appreciation
- Doctrine of Proportionality
- Principle of Good Faith
- Fair and Equitable Treatment Clause and Standard of Review
- Transparency in ISDS relating to Environmental Concerns
- What is Mediation?
Week 7
- Chemtura Corporation vs. Canada - Segment 1
- Chemtura Corporation vs. Canada - Segment 2
- Chemtura Corporation vs. Canada - Segment 3
- Glamis Gold Ltd vs. United States of America - Segment 1
- Glamis Gold Ltd vs. United States of America - Segment 2
- Glamis Gold Ltd vs. United States of America - Segment 3
- Glamis Gold Ltd vs. United States of America - Segment 4
- Glamis Gold Ltd vs. United States of America - Segment 5
- Glamis Gold Ltd vs. United States of America - Segment 6
- Quiborax vs. Bolivia (2015) - Segment 1
- Quiborax vs. Bolivia (2015) - Segment 2
- Quiborax vs. Bolivia (2015) - Segment 3
- Quiborax vs. Bolivia (2015) - Segment 4
- Quiborax vs. Bolivia (2015) - Segment 5
- Marion & Reinhard Unglaube vs. Costa Rica - Segment 1
- Marion & Reinhard Unglaube vs. Costa Rica - Segment 2
- Marion & Reinhard Unglaube vs. Costa Rica - Segment 3
- Marion & Reinhard Unglaube vs. Costa Rica - Segment 4
- Marion & Reinhard Unglaube vs. Costa Rica - Segment 5
- Gold Reserve vs. Venezuela - Segment 1
- Gold Reserve vs. Venezuela - Segment 2
- Gold Reserve vs. Venezuela - Segment 3
- Gold Reserve vs. Venezuela - Segment 4
Week 8
- Allard vs. Barbados - Segment 1
- Allard vs. Barbados - Segment 2
- Allard vs. Barbados - Segment 3
- Crystallex vs. Venezuela - Segment 1
- Crystallex vs. Venezuela - Segment 2
- Crystallex vs. Venezuela - Segment 3
- Copper Mesa vs. Ecuador (2012) - Segment 1
- Copper Mesa vs. Ecuador (2012) - Segment 2
- Aven vs. Costa Rica (2015) - Segment 1
- Aven vs. Costa Rica (2015) - Segment 2
- Aven vs. Costa Rica (2015) - Segment 3
Week 9
- Provisions in IIA Relating to the Environment – Segment 1
- Provisions in IIA Relating to the Environment – Segment 2
- General Exceptions for Environment in IIA – Segment 1
- General Exceptions for Environment in IIA – Segment 2
- General Exceptions for Environment in IIA – Segment 3
- General Exceptions for Environment in IIA – Segment 4
- Particular Exceptions for the Environment and Other Provisions – Segment 1
- Particular Exceptions for the Environment and Other Provisions – Segment 2
- Particular Exceptions for the Environment and Other Provisions – Segment 3
- Particular Exceptions for the Environment and Other Provisions – Segment 4
- Particular Exceptions for the Environment and Other Provisions – Segment 5
Week 10
- Applicable Law in Environmental Issues – Segment 1
- Applicable Law in Environmental Issues – Segment 2
- Applicable Law in Environmental Issues – Segment 3
- Systemic Interpretation – Segment 1
- Systemic Interpretation – Segment 2
- Systemic Interpretation – Segment 3
- IIL Self-Contained Regime – Segment 1
- IIL Self-Contained Regime – Segment 2
- Plea of Necessity – Segment 1
- Plea of Necessity – Segment 2
- Plea of Necessity – Segment 3
- Investment Disputes – Segment 1
- Investment Disputes – Segment 2
- Investment Disputes – Segment 3
- Investment Disputes – Segment 4
- Investment Disputes – Segment 5
- Investment Disputes – Segment 6
Week 11
- Standard of Review in ISDS Involving Environmental Concerns
- Margin of Appreciation
- Doctrine of Proportionality – Segment 1
- Doctrine of Proportionality – Segment 2
- Doctrine of Proportionality – Segment 3
- Doctrine of Proportionality – Segment 4
- Principle of Good Faith – Segment 1
- Principle of Good Faith – Segment 2
- FET Clause and Standard of Review – Segment 1
- FET Clause and Standard of Review – Segment 2
- FET Clause and Standard of Review – Segment 3
- FET Clause and Standard of Review – Segment 4
- FET Clause and Standard of Review – Segment 5
- FET Clause and Standard of Review – Segment 6
- Transparency in ISDS Relating to Environmental Concerns
- Amicus Curiae Submission – Segment 1
- Amicus Curiae Submission – Segment 2
- Amicus Curiae Submission – Segment 3
- Amicus Curiae Submission – Segment 4
- Amicus Curiae Submission – Segment 5
- Amicus Curiae Submission – Segment 6
Week 12
- What is Mediation
- Mediation as a Dispute Resolution Method in ISDS – Segment 1
- Mediation as a Dispute Resolution Method in ISDS – Segment 2
- Mediation as a Dispute Resolution Method in ISDS – Segment 3
- Mediation as a Dispute Resolution Method in ISDS – Segment 4
- Mediation as a Dispute Resolution Method in ISDS – Segment 5
- Mediation in Investment Disputes Involving Environmental Concerns
- Appellate Mechanism in ISDS
- Multilateral Investment Court
- ISDS Reforms and the Environment
Syllabus and materials
At NPTEL, as the course publishes them.
Credits and licence
- Institution
- NALSAR University of Law
- Department
- Law
- Teacher
- Prof. Eluckiaa A
- Level
- Undergraduate
- Language
- English
- Subjects
- Law
- Source
- NPTEL
- Licence
- CC BY-NC-SA, as NPTEL states it. Non-commercial use only. NPTEL's terms
- Attribution
- NPTEL states: "Distributed under Creative Commons Attribution-ShareAlike / CC BY - NC - SA", beside a BY-NC-SA badge. Coordinated by IIT Madras.
- Who can watch
- NPTEL gives no rating. Invisible Network shows it to Teens profiles and older, judged from what the source says about it. How courses are placed
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