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International Investment Law and the Environment

NPTEL via Swayam

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ABOUT THE COURSE: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

Syllabus

Week 1: Introduction to International Investment Law and its role in Environmental Protection
Week 2:Evolution of Investment Protection Standards
Week 3:Introduction to BIT Protection Standards
Week 4:Regulatory Measures of the Host State and its Challenge in ISDS
Week 5:Some Decided cases
Week 6:Sole Effects Doctrine, Police Power Doctrine and Weighing and Balancing Approach
Week 7:IIA Provisions for Environmental Concerns
Week 8:Reconciling Environmental Concerns in IIL- Applicable Law and Principle of Systemic Interpretation
Week 9:Reconciling Environmental Concerns in IIL- Plea of Necessity and Amicus Curiae Submission
Week 10:Reconciling Environmental Concerns in IIL- Standard of Review in Environmental Challenges in Investment Disputes
Week 11:Mediation and Appellate Review in Environmental Challenges in Investment Disputes
Week 12:ISDS Reforms and the Environment