Beate Antonich - Academia.edu (original) (raw)
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The University of New South Wales; University of Sydney
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This thesis analyses norm contestation about sustainable development in the context of internatio... more This thesis analyses norm contestation about sustainable development in the context of international public investment law disputes in which environmental policies have been challenged as violation of an investor’s rights. Existing conflicts between economic and environmental policy at the domestic and international level can pose problems to policy makers. To better understand the dynamics present when problems arise and their origins, I argue that institutional factors influence the respective power of organizations engaged in strategic social construction and norm contestation in international economic law disputes. The thesis perceives institutional factors to include both procedural and substantive case characteristics. I examine what, in addition to facts provided in such cases, could matter in the determination of a case outcome, whereby my outcome of interest is an environmental policy permissible ruling in such investor-state disputes. The study investigates procedural char...
This thesis analyses norm contestation about sustainable development in the context of internatio... more This thesis analyses norm contestation about sustainable development in the context of international public investment law disputes in which environmental policies have been challenged as violation of an investor’s rights. Existing conflicts between economic and environmental policy at the domestic and international level can pose problems to policy makers. To better understand the dynamics present when problems arise and their origins, I argue that institutional factors influence the respective power of organizations engaged in strategic social construction and norm contestation in international economic law disputes. The thesis perceives institutional factors to include both procedural and substantive case characteristics. I examine what, in addition to facts provided in such cases, could matter in the determination of a case outcome, whereby my outcome of interest is an environmental policy permissible ruling in such investor-state disputes. The study investigates procedural char...