Remove Corruption Remove Impact Assessment Remove Thresholds
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Much Ado About Nothing? – Advocating for Legality Clauses instead of ESG and CSR Investor Obligations in International Investment Agreements

Kluwer Arbitration

For instance, the South African Development Community Model BIT Template mandates investors to conduct an environmental impact assessment ( Art. To prevent even minor transgressions from falling under the clause, a threshold-requirement of serious violations could be introduced. 34) already has such provisions in place.

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Red Eagle v. Colombia: Colombia’s Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right

Kluwer Arbitration

To obtain an environmental license, the investor must obtain approval from the environmental authority of (i) an Environmental Impact Assessment and (ii) an Environmental Management Plan (“PMA”). Mr. Martínez de Hoz, an arbitrator in this case, dissented.

Balance 52
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Red Eagle v. Colombia: Colombia’s Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right

Kluwer Arbitration

To obtain an environmental license, the investor must obtain approval from the environmental authority of (i) an Environmental Impact Assessment and (ii) an Environmental Management Plan (“PMA”). Mr. Martínez de Hoz, an arbitrator in this case, dissented.

Balance 52
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Pre-Ιnvestment Expenditures, Defining an Investment, and a Problem of Translations: Patel Engineering v the Republic of Mozambique

Kluwer Arbitration

Investors frequently make expenditures in the preparatory phase of an investment, such as environmental impact assessments , scientific surveys, or financial advice. When are these expenditures considered an investment? Expenditures prior to the investment do not create economic value.