国际投资仲裁机构对涉环境国际争端的管辖:主导与协调
发布时间：2018-11-07 16:11
【摘要】：鉴于强制性的国际环境争端解决机构的匮乏以及解决机制的乏力,绝大多数国际环境争端通过依附于贸易、人权、投资问题而在WTO争端解决机构、人权机构以及国际投资仲裁机构中得以解决。国际投资仲裁机构解决的涉环境争端数量最多,作为实体法依据的投资条约中有更为实质性的环境规则,且投资仲裁大多在环境损害尚未发生时即告启动。国际投资仲裁并对国际环境法的硬法化和风险预防原则有特殊贡献。国际投资仲裁机构应当主导涉环境国际争端,并注重对涉环境争端管辖权进行协调以防止国际环境法的进一步碎片化。
[Abstract]:In view of the scarcity of compulsory international environmental dispute settlement bodies and the ineffectiveness of settlement mechanisms, the vast majority of international environmental disputes are found in the WTO dispute settlement bodies through their attachment to trade, human rights and investment issues, It was settled by human rights agencies and international investment arbitration agencies. The number of environmental disputes settled by international investment arbitration institutions is the largest, and there are more substantial environmental rules in the investment treaties on which substantive law is based, and most investment arbitration starts when environmental damage has not yet occurred. International investment arbitration also has a special contribution to the principles of hard law and risk prevention of international environmental law. International investment arbitration institutions should lead international environmental disputes and focus on the coordination of jurisdiction over environmental disputes in order to prevent further fragmentation of international environmental law.
【作者单位】： 桂林理工大学;
【分类号】：D996.4
[Abstract]:In view of the scarcity of compulsory international environmental dispute settlement bodies and the ineffectiveness of settlement mechanisms, the vast majority of international environmental disputes are found in the WTO dispute settlement bodies through their attachment to trade, human rights and investment issues, It was settled by human rights agencies and international investment arbitration agencies. The number of environmental disputes settled by international investment arbitration institutions is the largest, and there are more substantial environmental rules in the investment treaties on which substantive law is based, and most investment arbitration starts when environmental damage has not yet occurred. International investment arbitration also has a special contribution to the principles of hard law and risk prevention of international environmental law. International investment arbitration institutions should lead international environmental disputes and focus on the coordination of jurisdiction over environmental disputes in order to prevent further fragmentation of international environmental law.
【作者单位】： 桂林理工大学;
【分类号】：D996.4
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