Harnessing Foreign Investment to Promote Environmental Protection

Pierre-Marie Dupuy is Emeritus Professor at the University of Paris (Panthéon-Assas) and at the Graduate Institute of International and Development Studies in Geneva. He also held the chair of general international law at the European University Institute in Florence (2000–8). Professor Dupuy has an extended experience in international law practice, in particular as counsel for governments in numerous cases before the International Court of Justice as well as international arbitrator in the field of international investments law. He is a member of the Institut de Droit International (International Law Institute). Jorge E. Viñuales is the Pictet Chair of International Environmental Law and an Assistant Professor of Public International Law at the Graduate Institute of International Studies, Geneva, where he is also Director of the Programme on Environmental Governance at the Centre for International Environmental Studies.

Introductory observations Pierre-Marie Dupuy and Jorge E. Viñuales; Part I. Protecting the Environment in the XXI Century: The Role of the Private Sector: 1. International Environmental Law: looking at the past to shape the future Pierre-Marie Dupuy; 2. The private sector and the challenge of implementation Francesco Francioni; 3. The political environment of environmental law Urs Luterbacher; 4. The applicability of international environmental law to private enterprises Sandrine Maljean-Dubois and Vanessa Richard; 5. Economics of green economies: investment in green growth and how it works Timothy Swanson and Shaun Larcom; Part II. Foreign Investment and Environmental Protection: Incentives: 6. Key instruments of private environmental finance: funds, project finance and market mechanisms Magnus Jesko Langer; 7. The potential of international climate change law to mobilise low-carbon foreign direct investment Daniel M. Firger; 8. Channelling investment into biodiversity conservation: ABS and PES schemes Riccardo Pavoni; 9. The role of insurance risk transfer in encouraging climate investment in developing countries Swenja Surminski; 10. Trade-related incentives: the international negotiations over environmental goods and services Konstantina Athanasakou; Part III. Foreign Investment and Environmental Protection: Safeguards: 11. The environmental regulation of foreign investment schemes under international law Jorge E. Viñuales; 12. From corporate social responsibility to accountability mechanisms Elisa Morgera; 13. Beyond law as tools: foreign investment projects and the contractualisation of environmental protection Natasha Affolder; 14. Socially responsible investing through voluntary codes Benjamin J. Richardson; 15. The enforcement of environmental norms in investment treaty arbitration Zachary Douglas; Concluding observations Pierre-Marie Dupuy and Jorge E. Viñuales.