David Aven v Costa Rica: A step forward towards investor accountability for environmental harm?

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Abstract

Investment treaty arbitration has become a laboratory for testing the limits of international corporate responsibility, because arbitrators are often asked to consider instances of investors’ misconduct that compromise fundamental social values and interests. The decision in David Aven v Costa Rica is a glaring example of this case law. The dispute originated from a real estate project halted by local authorities for adversely impacting fragile ecosystems. This case note examines the arbitral tribunal’s approach to environmental harm caused by foreign investors.

Original languageEnglish (US)
Pages (from-to)301-306
Number of pages6
JournalReview of European, Comparative and International Environmental Law
Volume29
Issue number2
DOIs
StatePublished - Jul 1 2020
Externally publishedYes

All Science Journal Classification (ASJC) codes

  • Geography, Planning and Development
  • Management, Monitoring, Policy and Law
  • Law

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