International Investment Law and Sustainable Development: Key cases from the 2010s

This e-book features 10 summaries and analyses of decisions rendered between 2011 and 2018 by arbitral tribunals in treaty-based investor–state arbitration cases having sustainable development implications.

Looking at these cases through a sustainability lens, the author illustrates the complex relationship between international investment law and sustainable development.

The 10 cases were selected based on their relevance for a range of issues relating to sustainable development, including environmental protection, socio-environmental impact assessment, renewable energy, taxation, corruption and human rights. The cases also highlight fundamental legal issues and current debates in international investment law, such as the notion of legitimate expectations and the related balancing of public versus private rights, the amount of compensation awarded for actions taken by states that affect the bottom line of investors, and the increasing trend to push for responsible investment by holding foreign investors accountable for their actions in the host state.

This is a companion volume to IISD’s 2011 publication International Investment Law and Sustainable Development: Key cases from 2000–2010. IISD is publishing the 27 summaries of both volumes on the website of Investment Treaty News (ITN), IISD’s online journal on international investment law and policy, which regularly publishes case summaries of international arbitrations.

Through the compilation of analyzed cases, IISD aims at contributing to a broader debate on the reform of international investment law and policy, with the aim of ensuring that foreign investment contributes to sustainable development.