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Environmental peacebuilding and natural resources management: The role of international investment law

In: Research Handbook on International Law and Environmental Peacebuilding

Author

Listed:
  • Ole Kristian Fauchald

Abstract

This chapter examines the role of investment tribunals in environmental peacebuilding, as part of a broader assessment of the functions that international investment law (IIL) may perform in environmental peacebuilding. It starts with a brief overview of the status of IIL and its relationship to the management of and access to natural resources. It then proceeds with a discussion of the three functions of IIL and how these contribute to environmental peacebuilding. The chapter distinguishes between the role of IIL in providing an effective means for settling natural resources related disputes between foreign investors and host countries in post-conflict situations; in serving as a transitory legislative and judicial framework for the management of and access to natural resources pending the establishment of domestic rules and institutions to manage foreign direct investment (FDI) in natural resource sectors; and in promoting (high-value) FDI in natural resource sectors in post-conflict settings.

Suggested Citation

  • Ole Kristian Fauchald, 2023. "Environmental peacebuilding and natural resources management: The role of international investment law," Chapters, in: Daniëlla Dam-de Jong & Britta Sjöstedt (ed.), Research Handbook on International Law and Environmental Peacebuilding, chapter 13, pages 277-302, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:19258_13
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    File URL: https://www.elgaronline.com/doi/10.4337/9781789906929.00021
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