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Balancing protection of investments and the environment: recent Asian practice

In an article written for Asian Dispute Review, Kate Parlett and Mark Tushingham draw attention to recent treaty practice in the Asia-Pacific region as a result of the rising number of investment claims against environmental protection measures enacted in the public interest by States. The article considers how States have sought to shift the balance in new investment treaties in favour of regulation to protect the environment, how these provisions have been applied in recent investment treaty cases and the lessons that might be drawn for future investment disputes. 

The full article is attached below.

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Kate Parlett and Mark Tushingham_ADR_Oct_2018.pdf904.91 KB