Journal article

No Retreat: An Emerging Principle of Non-Regression from Environmental Protections in International Investment Law

Andrew Mitchell, James Munro

Georgetown Journal of International Law | Georgetown University Law Center | Published : 2019

Abstract

A principle that host states not regress from existing environmental protections in their domestic legal systems to promote foreign investment has quietly begun to establish itself in international investment law in the last decade. With origins in the North American Free Trade Agreement, more than 130 countries now subscribe to this idea in at least one of their international investment agreements. The simplicity of the concept of non-regression and the evident legitimacy of environmental objectives mask deep complexities in measuring levels of environmental protection and identifying reductions in those levels. These complexities are exacerbated by the wide variety of drafting of non- regr..

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University of Melbourne Researchers