Sustainability in Investment Arbitration: An Empty Promise?

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Sustainability is often insufficiently considered in investment arbitration, impacting outcomes and fairness.
In cases involving sustainable development provisions, arbitrators have granted limited roles to state measures.
Analysis of investment agreements shows the need for reforms to enhance sustainability in arbitration processes.
The restrictive interpretations by arbitral tribunals undermine the application of sustainability principles in disputes.

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This analysis reveals limited consideration of sustainability in investment arbitration cases, suggesting improvements are needed.

Rimdolmsom Jonathan Kabré (2025) studied this question.

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