{"title":"Mining in investment arbitration: an analysis of mining companies’ legitimate expectations","authors":"Clara López","doi":"10.1093/jiel/jgae023","DOIUrl":null,"url":null,"abstract":"\n International investment agreements (IIAs) can be ‘obstacles’ to the green transition, but can also serve as potential ‘enablers’ of clean energy. This article analyses the role of IIAs in protecting mining investments, necessary to develop green technologies in the fight against climate change. As a result of increasing mineral extraction, more investment tribunals adjudicate mining disputes. The article provides a sectoral analysis of the legitimate expectations of investors in the mining sector. It argues that domestic norms are central to resolving investment treaty disputes and that investment tribunals must consider environmental and human rights domestic norms which impose limits on investment protection and configure investor’s property rights. Only by doing so can investment tribunals protect investments in accordance with the ethos of IIAs of promoting sustainable development.","PeriodicalId":46864,"journal":{"name":"Journal of International Economic Law","volume":null,"pages":null},"PeriodicalIF":2.6000,"publicationDate":"2024-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of International Economic Law","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1093/jiel/jgae023","RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
International investment agreements (IIAs) can be ‘obstacles’ to the green transition, but can also serve as potential ‘enablers’ of clean energy. This article analyses the role of IIAs in protecting mining investments, necessary to develop green technologies in the fight against climate change. As a result of increasing mineral extraction, more investment tribunals adjudicate mining disputes. The article provides a sectoral analysis of the legitimate expectations of investors in the mining sector. It argues that domestic norms are central to resolving investment treaty disputes and that investment tribunals must consider environmental and human rights domestic norms which impose limits on investment protection and configure investor’s property rights. Only by doing so can investment tribunals protect investments in accordance with the ethos of IIAs of promoting sustainable development.
期刊介绍:
The Journal of International Economic Law is dedicated to encouraging thoughtful and scholarly attention to a very broad range of subjects that concern the relation of law to international economic activity, by providing the major English language medium for publication of high-quality manuscripts relevant to the endeavours of scholars, government officials, legal professionals, and others. The journal"s emphasis is on fundamental, long-term, systemic problems and possible solutions, in the light of empirical observations and experience, as well as theoretical and multi-disciplinary approaches.