Renewable Energy Disputes Before International Economic Tribunals: A Case for Institutional ‘Greening’?
Avidan Kent, Transnational Dispute Management (Vol. 12, issue 3)
In recent years several disputes relating to renewable energy (RE) were, and are, being resolved by international trade and investment tribunals, in accordance with trade and investment laws. However, disputes related to RE are highly related also to Environmental Law and Policy. One way in which this fragmentation can be resolved is through the use of an integrated process; one that enables, and even encourages, the flow of ideas, specialised knowledge and perspectives from one policy-area (e.g. environment) into another (e.g. economy). In this paper, the author will contend that through the “greening” of the economic dispute settlement processes and their enrichment with environmental perspectives and specialised knowledge, a better balance between economic and environmental policy-objectives will be achieved in the resolution of RE-related disputes.
Available for download here Renewable energy disputes before international economic tribunals 2015