Environmental policy space and international investment law

This dissertation analyses the implications of international
investment law on host states’ legal ability to protect the
environment, regulate sustainable use of natural resources and
develop new approaches to manage environmental risks and
uncertainties. ‘Environmental policy space’ is found to be a useful
term when exploring the regulatory autonomy in this context.
On one hand, investment law aims to ensure stability of the
investment environment. On the other hand, environmental law
needs flexibility to react to the degradation of the environment.
It is found that those different aims do not have to be in conflict.
There are useful mechanisms in national environmental law which
provide for accessible, transparent and predictable decisions for
the private actor. It is argued that these mechanisms can fulfill the
aim of stability in investment law. It is suggested that investment
treaties be viewed in the light of an overarching aim of sustainable
development