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- there is a potential these states’ measures are likely to conflict with the fundamental goal of international investment law, which is to protect foreign investment, thus cause ISDs.
>> There is potential these states’ measures are likely to be in conflict with the fundamental goal of international investment law, which is to protect foreign investment, thus cause ISDs.
In particular, climate change measures further cause ISDs as climate change pace and damages are uncertain, thus investors’ legitimate expectation could be easily frustrated.
>> Correct
Legal studies are needed to harmonise investment liberalization and environmental protection in resolving investor-state environmental disputes to achieve climate-friendly investment.
>> Legal studies are needed to harmonize investment liberalization and environmental protection in resolving investor-state environmental disputes to achieve climate-friendly investment.
-The applicable law is selected by the dispute parties under IIAs, but, if they don’t reach an agreement or no BIT between dispute parties, arbitral tribunals will choose applicable law.
>> The applicable law is selected by the disputing parties under IIAs, but if they don’t reach an agreement or no BIT between dispute parties, arbitral tribunals will choose applicable law.
The arbitral tribunals have usually adopted international laws as its applicable law, the interpretative methodology varies depending on how the arbitral tribunals understand the relationship between international investment law and other international law.
>> Correct
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