Interactions between the state and foreign investors in environmental and property protection Cover Image

Interacţiunile statului şi a investitorilor străini în materie de protecţie a mediului şi a proprietăţii
Interactions between the state and foreign investors in environmental and property protection

Author(s): Mircea Gladchi
Subject(s): Law, Constitution, Jurisprudence, Environmental and Energy policy, Political Ecology, Environmental interactions, Commercial Law
Published by: Academia “Stefan cel Mare” a MAI al Republicii Moldova
Keywords: environmental protection; investments; expropriation; environmental clause; property; public interests;

Summary/Abstract: The article presents the forms of intercation in terms of foreign investment with reference to the protection of property interests on the one hand and the protection of the environmental interests on the other. The need to protect investors' asserts from expropriations directly related to the state's environmental interests has emerged relatively recently, but the parties to the bilateral or multilateral agreements have included provisions that protect the given values. Addressing the issue in the light of the respective agreements is a welcome thing for both the host state of investment and the investing state, each creating its own levers of protection of due interests. The effectiveness of these provisions and the settlement of the disputes arising from them remain at the dsicretion of the parties in most cases, but the mechanisms provided offer some additional guarantees to be able to make progress in both investment and environmentl protection.

  • Issue Year: 3/2022
  • Issue No: 3
  • Page Range: 128-135
  • Page Count: 8
  • Language: English