Investment Arbitration as an oxygen tank for the environment

Investment Arbitration has been –and daily is– undergoing heavy criticism as it used to fail to promote active defenses for Host States. Consequently, some have considered that investment agreements providing for international investment arbitration (IIAs), are “a neo-imperialist regime designed to protect multinational capital.” Furthermore, several scholars and practitioners have been pointing out that most of the international investment agreements in force, have also failed to set forth clear rules on how Host States can actively deal with and face issues of human rights and environmental protection in the context of investment protection and promotion.

However, over the last few years, specific game-changing awards and new Model BITs have sparred light over the environmental horizon.

See complete chapter at: Spain Arbitration Review - Revista del Club Español del Arbitraje. Wolters Kluwer España 2020, Volumen 2020, nº 39.