International Law and Sustainable Development: Principles and Practice

By Nico Schrijver; Friedl Weiss | Go to book overview

14

SUSTAINABLE DEVELOPMENT IN INTERNATIONAL
INVESTMENT DISPUTE SETTLEMENT:
THE ICSID AND NAFTA EXPERIENCE

Esther Kentin


1. Introduction

It is a challenging job to find recognition of the concept of sustainable development in investment dispute settlement. However, a careful search reveals the occasional references to elements of sustainable development, but in particular the lacunae in this field of international law. This situation merits a discussion.

Part of the debate has been sparked off by developments concerning the North American Free Trade Agreement (NAFTA) Chapter 11. NAFTA Chapter 11 encompasses admission and protection of foreign investment, including dispute settlement through international arbitration. The first NAFTA Chapter 11 cases provoked a wave of criticism especially regarding the consequences for domestic environmental regulation. Besides, concerns have been raised regarding the procedure of international investment dispute settlement.

The concept of sustainable development has emerged cautiously in the jurisprudence of international law. In the Gabćikovo-Nagyramos case, sustainable development made its debut in the jurisprudence of the International Court of Justice. The Court referred to the effects on the environment and the risks for present and future generations of human activities. The new norms and standards, that have been developed and laid down in a great number of legal instruments, should be taken into consideration: “This need to reconcile economic development with protection of the environment is aptly expressed in

Nico Schrijver and Friedl Weiss (Eds.), International Law and Sustainable Development. Principles
and Practice
, © 2004 Koninklijke Brill NV. Printed in The Netherlands, pp. 309–338.

-309-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited page

Bookmark this page
International Law and Sustainable Development: Principles and Practice
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this book
  • Bookmarks
  • Highlights & Notes
  • Citations
/ 712

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.