Environmental Obligations In Investor-State Arbitrations: The Investor Perspective

I. Introduction

With globalisation, trade has grown beyond boundaries over the course of time. In a bid to keep up with the need to attract further growth and development, States have generally been keen on attracting foreign investors and investment.

In keeping with the shifting societal and political perception of duties and obligations of any State towards its inhabitants, an inclination towards enforcing environmental obligations against investors has been witnessed in the recent past. The plethora of disputes in this regard that have arisen are majorly a result of dynamic environmental policies. This shift has the potential of giving birth to several disputes in the future against investors who fail to comply with the environmental obligations of the host States.