ABSTRACT
This chapter covers the evolution of international investment law toward a more ecocentric approach, which may have a significant impact on cases involving cross-border pollution. The growing importance of environmental countermeasures in investment disputes can be considered an element of this evolution. In two cases regarding investments in the Ecuadorian part of the Amazon rainforest, environmental arguments included a never-before-seen reference to a novel legal concept, the Rights of Nature. The chapter shows that although the Rights of Nature are still considered revolutionary and are recognized only by a minority of states, the concept can have a real influence on investment decisions and proceedings, especially concerning cross-boundary ecosystems and resources. The issues surrounding the conflict between investments and environmental protection are presented in the broader context of the search for a sustainable balance of values.
