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The rise of sustainable development in international investment law: a mapping of the provisions aiming at the promotion of sustainable development considerations in international investment agreements

(2019)

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Abstract
The objective of this thesis is to show that an adapted international investment regime, seeking to create a balance between the protection of investments and the needs of sustainable development, could be a valuable tool in fostering sustainable development objectives in all States. In that objective, we first analyze the concept of sustainable development itself, by giving some insight on how it became a fundamental policy objective of the international community, its legal status in international law, and on the complex relationship it entertains with the international investment regime. In a second part, we proceed to analyze the various sustainable development-related provisions that are being increasingly integrated in international investment agreements, attempt to assess their effectivity in promoting those objectives, and finally try to show how these provisions illustrate the different strategies that are put in place by States in order to favour their capacity to develop sustainably.