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Sustainability Impact Assessments as Inputs and as Interpretative Aids in International Investment Law

Accepted version
Peer-reviewed

Type

Article

Change log

Authors

Stephenson, S 
Cordonier Segger, MC 

Abstract

Sustainability impact assessments (SIAs) act as bridges between trade and investment agreements and social, environmental and human considerations. They are relevant as inputs into the treaty negotiation process and as interpretive aids in investment treaty arbitration. As inputs, SIAs attempt to measure the impact of environmental, social, economic and human rights aspects of trade and investment agreements prior to and during a treaty’s negotiation. SIAs have been performed on all major negotiations in the EU since 1999, and will continue to be performed under its investment competence. Case studies in this article demonstrate how SIAs may include climate change. Additionally, legal recommendations are offered which, if adopted by the Directorate General for Trade, should increase the effectiveness of SIAs. As interpretive aids, SIAs may be key references in treaty interpretation arguments in light of increased environment and development related investment disputes and focus on sustainable development policy space.

Description

Keywords

4803 International and Comparative Law, 48 Law and Legal Studies

Journal Title

The Journal of World Investment & Trade

Conference Name

Journal ISSN

1660-7112
1660-7112

Volume Title

18

Publisher

Brill