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International investment agreements and sustainable environmental development
| Content Provider | Scilit |
|---|---|
| Author | Esenkulova, Begaiym |
| Copyright Year | 2021 |
| Description | Foreign direct investment is generally recognized as one of the driving forces of economic development in both developed and developing countries. However, if FDI is not properly regulated, it may bring about a number of various negative consequences for host states, including environmental harm. As the OECD-led negotiation of a Multilateral Agreement on Investment failed and as currently there is still no comprehensive multilateral framework providing for key substantive standards of investment law in essentially all economic sectors, reforms of the legal regime of FDI remain largely confined to national, bilateral, and regional levels. Consequently, the question of how to reform investment law to promote sustainable development, including environmental sustainability, is inextricably tied to reforms adopted mostly by concrete countries or regions rather than to homogeneous global solutions. In this regard, this paper is focused on the issue of how to align investment protection with the host state's sustainable environmental development based on the concrete example of the Kyrgyz Republic's mining sector via a critical examination of its international investment agreements. As the research findings reveal, the Kyrgyz Republic's investment agreements are “old generation,” since they fail to balance the protection of investors' rights and the country's sustainable environmental development properly, and they should, therefore, be reformed. The work proposes concrete reform options which seek to align regulation with flexibility to accommodate between FDI growth and wider environmental effects of investment activity. Book Name: Global Values and International Trade Law |
| Related Links | https://api.taylorfrancis.com/content/chapters/edit/download?identifierName=doi&identifierValue=10.4324/9781003080398-7&type=chapterpdf |
| DOI | 10.4324/9781003080398-7 |
| Language | English |
| Publisher | Informa UK Limited |
| Publisher Date | 2021-11-29 |
| Access Restriction | Open |
| Subject Keyword | Book Name: Global Values and International Trade Law Properly International Investment Agreements Reform Sustainable Environmental Development |
| Content Type | Text |
| Resource Type | Chapter |