TY  - BOOK
AU  - Alvarado-Garzón,Andrés Eduardo
TI  - Environmental Counterclaims in Investment Arbitration: Deconstructing the Requirements of Jurisdiction, Connection and Cause of Action 
T2  - EYIEL Monographs - Studies in European and International Economic Law,
SN  - 9783031463914
U1  - 347.09 23
PY  - 2023///
CY  - Cham
PB  - Springer Nature Switzerland, Imprint: Springer
KW  - Mediation
KW  - Dispute resolution (Law)
KW  - Arbitration (Administrative law)
KW  - International law
KW  - Trade regulation
KW  - Environmental law, International
KW  - Dispute Resolution, Mediation, Arbitration
KW  - International Economic Law, Trade Law
KW  - International Environmental Law
N1  - Introduction -- The Contextualisation of Environmental Counterclaims - A Comparative Perspective -- Jurisdiction over Environmental Counterclaims - The Puzzle of Consent -- The Assessment of the Connection Requirement for Environmental Counterclaims -- Searching a Cause of Action for Environmental Counterclaims -- Conclusions
N2  - This book critically analyses the availability of environmental counterclaims in investment arbitration presented by the respondent host state against the claimant investor. It starts from the premise that the conflicting relation between investment law and environmental protection cannot always be avoided. Yet, the instrument of environmental counterclaims in investment arbitration might alleviate such relation. Throughout its chapters, this book addresses the questions about the societal and practical relevance of seeking redress for environmental damage in investment arbitration, the functioning of such instrument both in contract-based and treaty-based investment arbitration, the suitability of arbitral tribunals to rule upon environmental issues, and the kind of environmental damages that could be redressed. Most importantly, by deconstructing the requirements of jurisdiction, connection between main claim and counterclaim, and cause of action, this book provides the tools for the re-conceptualisation of the instrument of counterclaims with the hope of harnessing its utility to achieve appropriate redress for environmental damages caused by foreign investors
UR  - https://doi.org/10.1007/978-3-031-46391-4
ER  -