International law and policy on marine environmental protection and management

1992 ◽  
Vol 25 (1-4) ◽  
pp. 70-73 ◽  
Author(s):  
G.J. Matthews
Author(s):  
Redgwell Catherine

This chapter assesses the dominant narratives that emerge in discussion of energy and environment. One narrative is of energy activities as a pollution threat to be prevented, reduced, controlled, and eliminated. In another, more recent narrative, energy and environmental objectives are viewed more synergistically, and this is in the context of the role of energy—especially renewable energy and energy efficiency—in environmental protection and sustainable development. It is in the sustainable energy context that one sees some alignment, even convergence, of energy and environment. This convergence arises because environmental issues are increasingly drivers of energy law and policy, both nationally and internationally. In turn, response to the adverse impacts of energy activities is a key stimulus for the development of international environmental law, both substantively in fields such as nuclear energy and marine environmental protection, and procedurally, such as the duty to consult and to notify.


2021 ◽  
Vol 68 (2) ◽  
pp. 249-280
Author(s):  
Nikolaos Giannopoulos

AbstractInitially, international investment law and international law on the protection of the marine environment were two branches that developed separately. As these international regimes mature, they often speak to the same facts, bringing about their ever-increasing normative interaction, way before any disputes arise. The regulation of investments in offshore energy production is chosen as a case study because it exemplifies how these two bodies of international law can interact. The article does not conceptualize these two international regimes as inherently antagonistic but instead highlights their potential complementarity. Yet, it is primarily the issue of normative conflicts between those two regimes which has generated heated scholarly debates. Against the backdrop of sweeping critiques about the potential ‘regulatory chill’ of international investment agreements and their investor-State dispute settlement mechanism, this contribution examines whether arbitral tribunals have interpreted and applied investment rules in a fashion that can unduly restrict the discretion of host States to honour their marine environmental obligations. First, it explores why and how international investment law and marine environmental law interact and influence each other’s implementation. In a second step, the article investigates the impact (if any) of investment obligations on the discretion of host States to comply with their marine environmental protection obligations. Adopting a forward-looking perspective, it finally enquires into the potential impact of the reformed provisions under new generation IIAs on the right and duty of States to take all necessary measures to protect the marine environment against pollution from offshore energy production activities.


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