PROTECTING THE HOST COUNTRY’S ENVIRONMENT: AN EMPHASIS ON HOME STATE REGULATION IN INTERNATIONAL INVESTMENT


PROTECTING THE HOST COUNTRY’S ENVIRONMENT: AN EMPHASIS ON HOME STATE REGULATION IN INTERNATIONAL INVESTMENT


Jiawen Cui

School of International Law, China University of Political Science and Law.


American Journal of Law and Legal Studies

The awakening of civic consciousness of social rights requires investors not only have to obtain the “administrative license” from the host countries, but also need the “social license” from the local citizens when investing abroad. Although ICSID has made a series of decisions in favor of the host countries in investment disputes referring to environmental protection after the year of 2000, a tendency emphasizing the rights of investors has not changed substantially. In international investments involving environmental protection, the responsibility of the home country is either absent or exists in a form of soft law, thus cannot play a effective role. Emphasis on the responsibility of the home country has a vital meaning on balancing the rights and interests among all the parties.


Keywords: Responsibility of the home county; Social license; Environmental protection; Legislation of the home county; Judiciary of the home country


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How to cite this article:
Jiawen Cui. PROTECTING THE HOST COUNTRY’S ENVIRONMENT: AN EMPHASIS ON HOME STATE REGULATION IN INTERNATIONAL INVESTMENT. American Journal of Law and Legal Studies, 2020; 3:8. DOI:10.28933/ajlls-2020-03-1005


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