The changing relationship between environmental protections and bilateral investment treaties

Recording - orignally broadcast 7 February 2019

The relationship between environmental protections and bilateral investment treaties (BITs) is changing. Historically the protections offered by BITs have not been subject to any limitations in relation to social responsibility, sustainable development or the environment. Yet we are starting to see express provision for this in the newer generation of BITs. In addition, states are increasingly relying on environmental obligations as defences against claims by investors for breach of standards of protection, or to argue that the protections under those BITs are limited by a “right to regulate” in respect of the environment. We have also seen the first counterclaims by states against investors for alleged breaches of environmental law.

What does this shift in attitude and approach mean for investors and for states? In our webinar we discussed:

• Recent developments in International Environmental law;
• The evolution of environment-related considerations in BITs;
• The treatment of the environment under new BITs;
• Recent cases where states have raised defences grounded in environmental obligations;
• A "right to regulate": weighing the protection of investors against the protection of the environment;
• The possibility of counterclaims by states; and
• How environment-related considerations may impact investor-state dispute resolution in the years to come.

If you would like to access the recording please contact us.