O policy space ambiental no Direito Internacional dos Investimentos

Abstract

In this work, an analysis was made regarding the existing environmental regulatory space for States within the International Investment Law. An approach was taken taking into account the existing asymmetries, both between developed and developing countries and between public entities and foreign companies. Throughout the research, different perceptions, objectives and actions taken by countries in the South and the global North in an attempt to reformulate the regime for the protection of foreign investment were highlighted, with special emphasis on attempts to expand the environmental policy space of the States. In the last chapter, the issue of environment was highlighted, and the constraints that the International Investment Law sometimes imposes on environmental protection, as well as some possible strategies in order to preserve the regulatory freedom of States in this area making the IIL “greener”. At the end, the existing discussion outside the subject was presented, with initiatives from the OECD, United Nations and UNCTAD.