Open AccessEcological sustainability in investment-State dispute settlement: Risks of legal pluralism in practice
Author(s) -
Magdalena Bas Vilizzio
Publication year - 2021
Publication title -
revista electrónica de derecho internacional contemporáneo
Language(s) - English
Resource type - Journals
eISSN - 2618-3048
pISSN - 2618-303X
DOI - 10.24215/2618303xe020
Subject(s) - sustainability , international law , investor state dispute settlement , state responsibility , pluralism (philosophy) , human rights , business , political science , international investment , law , ecology , foreign direct investment , philosophy , epistemology , biology
Due to the fragmentation of International Law, Investor-State dispute settlement is usually an area in which tension are felt between investment protection and public policy space, especially in matters concerning the environment, public health or human rights. This tension is even more dangerous in health emergencies, such as the covid-19 syndemic, and has a deeper impact on low and middle-income countries. In light of the above, this article aims to identify and analyse three investor-State disputes involving low and middle-income countries, in which the collision between investment protection and ecological sustainability sets of norms evidences the risks of legal pluralism in International Law.