International arbitration of investment and environmental protection

Identifier:  TFG:37

Handle: https://hdl.handle.net/20.500.11797/TFG37

Authors:  Cuenca Guzmán, Lorena

Abstract:
International arbitration of investment and environmental protection is a research whose object is focused on a topical issue in which the consequences of behaving the great high protection that is offered to investments of investors against analyzes developing States, high end protections that limit freedom of decision of the receiving State causing injury to its sovereignty, and thus being disadvantaged nationals, and therefore, their interests, in this case highlighting the issue of intent of the receiving State to protect their environment from the actions caused by investors in their investments often end up causing environmental problems. In the latter case, it can be stated that currently states, in these situations, take multiple steps to protect the environment ( measures concerning the control of emissions, environmental assessment of projects, conservation of protected areas, etc), environmental decisions usually affect business operations being carried out in that State can generate reactions of those who see the value of their investment has been adversely affected because of such, so that in this conflict of interest, since both parties are always driven by different parameters; investors want to protect their property (investment) and the host state of wanting to protect their environment, these cases end up submitting to arbitration where the arbitration courts, arbitrators shaped by economic, just dictating awards favourable to the investor even if these have been created and injured severe environmental damage in the receiving State so that these always are forced to compensate private parties for decisions that may have an environmental footprint.