Please note that the disputation will be streamed and some of the seats behind the candidate and the opponents will be visible for those who are watching.
Participate at the disputation here
You will find a record of the trail lecture here
Adjudication committee
- Professor Mads Andenæs, University of Oslo (Head of Committee)
- Dr. Joshua Paine, University of Bristol (1. opponent)
- Professor Andrea Bjorklund, McGill University, Canada (2. opponent)
Chair of defence
Dean Ragnhild Hennum
Supervisors
- Professor Ole Kristian Fauchald
- Dr. Taylor St John
- Associate Professor Daniel Behn
Summary
Environmental Considerations in International Investment Law
The relationship between foreign investment and the environment within international investment law (IIL) is multilayered and complex: involving interactions, integration, contradictions, mutual support, and conflicts. Environmental considerations are being increasingly integrated in international investment agreements and coming up for determination by investor-state arbitral tribunals. Against this background and in light of the ongoing legitimacy crisis of the international investment system, the thesis enquires whether (and in what ways) international investment law is showing signs of greater consideration for the environment.
Environmental Disputes in Investor-State Arbitration
Examining arbitrators’ legal reasoning in environmental investor-state disputes, the thesis reveals a rather limited engagement with methods of interpretation, but also some degree of deference to domestic environmental decision-making. By applying the concept of ‘an adaptive law system’, the thesis also looks at the ongoing reforms of international investment law and identifies other pathways to integrate environmental considerations into IIL more consistently.
In Need of a Rethinking?
Overall, the thesis highlights the limitations, opportunities, and roadblocks in how investment treaty tribunals have considered environmental concerns so far. The thesis emphasizes that both states and arbitral tribunals share the responsibility for ensuring that such concerns are balanced with foreign investment protections. It argues that a ‘rethinking’ is necessary for crafting legal solutions adapted to the interconnected planetary transformations and challenges.