Closing the Gap: Enhancing the Implementation of Sustainable Development through International Investment Law by Konstantinidi, Marina-Elissavet;

Long description:

This book examines the applicability of the United Nations' Sustainable Development Goals within the framework of International Investment Law, assessing its effectiveness and identifying areas in need for reform. It aims to contribute to a strategic approach for sustainable development in the era of globalization, addressing pressing social concerns. More specifically, this book explores if and how the tools offered by international investment law can be utilized to advance the principles of sustainable development. The study further investigates how the notion of sustainable development affects the arguments regarding the existence of a protected investment, and potential violations of investment treaty clauses concerning, namely, the fair and equitable treatment standard, illegal expropriation and umbrella clauses. It aims to provide suggestions for reform, focusing on the creation of preventive mechanisms, in addition to existing repressive ones.

The above-mentioned issues have direct influence on key areas of public interest, such as environmental protection and public health, which ar integral to sustainable development. It is crucial to ensure that investment protection does not come at the expense of the above, and international investment law can rather be used as a tool for positive change at a global scale. It is, therefore, of utmost importance to identify existing conflicts in the field and raise concerns, in order to achieve a balance of interests between States and investors, and take a step closer to the realization of the UN Sustainable Development Goals.

Table of Contents:

Introduction. Health and Environmental Protection in the Anthropocene.- Sustainable Development Goals and the existence of a protected investment.- Assessing the existence of a violation of an Investment Treaty.- The way forward.