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Transparency and Public Participation: Balancing Investors’ Rights and Environmental Interests

Author: Flavia Marisi, Chinese University of Hong Kong
5 June 2017

Conflicts have emerged in the recent past between rules fostering foreign direct investment (FDI), and the surge of environmental protection awareness, which resulted in a chain of norms at various levels, aimed at protecting the environment. Examples thereof are the arbitration cases Vattenfall v Germany I (settled) and II (still pending), where the business’ rights to see its investment protected conflicted with host State’s right to regulate in the environmental field.

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Image credit: Industry by SD-Pictures. [CC0 Public Domain] via Pixabay


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