ABSTRACT

This chapter analyses the statements related to principle of integration made in arbitral tribunals established under the International Convention on the Settlement of Investment Disputes (ICSID). It discusses cases involving investor claims of harm due to uncompensated expropriation when host governments take measures ostensibly in pursuit of environmental or social objectives. The chapter provides a very brief overview of the legal framework for investor-State dispute resolution and introduces relevant terminology. It also summarises the methodology used by the author to search for references to principles of international sustainable development law in decisions of investor treaty tribunals and the results of a survey of decisions published from 1992 to 2012. The New Delhi Principles describe the 'principle of integration and interrelationship, in particular in relation to human rights and social, economic and environmental objectives' as a principle of international law. Most international investment agreements (IIAs) impose an obligation on the host State to accord fair and equitable treatment to foreign investors.