Titlebook: Investment Treaty Law and Climate Change; Tomás Restrepo Rodríguez Book 2022 The Editor(s) (if applicable) and The Author(s), under exclus

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Introduction,t treaty disputes. Ordinarily, these disputes are framed as a conflict between the investor’s private interest against the host state’s public interest. However, this portrays only one of the dimensions in which interests interplay in investment treaty law (private dimension). The system could also

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and the Application of the Climate Change International Legal Framework to Investment Treaty Disputg of investment treaty tribunals. Although the investment treaty law is not isolated from the rest of international law, no international law instrument can make its way into the system without a proper filter, and the international climate change legal framework is not the exception.

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Rinne-Test

Orthodox Approach to the Expropriation Standard in Investment Treaty-Climate Change Disputes: Determibuted to it in national legal systems. The (ordinary) definition of BITs covers not only the legal or physical taking of the investor’s assets by the host state (direct expropriation) but also the measures that are similar or have an equivalent or similar effect (indirect expropriation). Direct exp

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阐释

Heterodox Approach and the Sources of Law in Investment Treaty-Climate Change Disputesthin the fragmented multiverse of international law. It also has the advantage of embracing tensions between the opposing global interests that are represented in these different instruments. If the process of . is not shaped through ., then, any clash between provisions of different legal systems i

perpetual

Direct Application of the Precautionary Principle in Investment Treaty-Climate Change Disputes: DeplClimate Change (FCCC) compels states to ‘anticipate, prevent or minimize the causes of climate change and mitigate its adverse effects […]’ even in cases where there is a ‘lack of full scientific certainty […]’. However, the application of this principle might result in the breach of some of the BIT

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Direct Application of the Common But Differentiated Responsibilities and Respective Capabilities Pritates occupy in the climate change international legal framework. Thus, from the implementation of the UNFCCC in 1992 to the adoption of the Paris Agreement, the CBDRRC principle has been central to the discussions that led to the different climate change international legal instruments as well as t

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