This book examines the applicability of the United Nations' Sustainable Development Goals within the framework of International Investment Law, assessing its effectiveness and identifying areas in need for reform. It aims to contribute to a strategic approach for sustainable development in the era of globalization, addressing pressing social concerns. More specifically, this book explores if and how the tools offered by international investment law can be utilized to advance the principles of sustainable development. The study further investigates how the notion of sustainable development affects the arguments regarding the existence of a protected investment, and potential violations of investment treaty clauses concerning, namely, the fair and equitable treatment standard, illegal expropriation and umbrella clauses. It aims to provide suggestions for reform, focusing on the creation of preventive mechanisms, in addition to existing repressive ones.
The above-mentioned issues have direct influence on key areas of public interest, such as environmental protection and public health, which ar integral to sustainable development. It is crucial to ensure that investment protection does not come at the expense of the above, and international investment law can rather be used as a tool for positive change at a global scale. It is, therefore, of utmost importance to identify existing conflicts in the field and raise concerns, in order to achieve a balance of interests between States and investors, and take a step closer to the realization of the UN Sustainable Development Goals.
Introduction. Health and Environmental Protection in the Anthropocene.- Sustainable Development Goals and the existence of a protected investment.- Assessing the existence of a violation of an Investment Treaty.- The way forward.
Marina-Elissavet Konstantinidi is a lawyer admitted to the Piraeus Bar Association of Greece, currently working at the Directorate General for Energy of the European Commission, in Brussels, in the role of Legislative assistant. She has experience from both the private and the public sector, including, amongst others, the European Health and Digital Executive Agency (HaDEA), and the Legal Department of Piraeus Port Authority/PPA S.A. COSCO SHPPING. During the academic year 2021-2022, she was a visiting researcher at the Center of International Law of the Free University of Brussels conducting research on the interaction of international investment law and climate mitigation. Marina has previously done traineeships in different law firms and organizations, including, amongst others, the Permanent Delegation of Greece to UNESCO.
Marina-Elissavet holds an LL.M. in Public International Law from the National and Kapodistrian University of Athens, and an LL.M. in International and European Energy Law from the Democritus University of Thrace. She had previously obtained a Bachelor of Laws from the Democritus University of Thrace, and also did an Erasmus+ exchange at the University of Franche-Comté. She has followed several trainings, including the courses offered by the Hague Academy of International Law and the Columbia Center for Sustainable Development, and has participated as a speaker in several international conferences and workshops.
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