Interactions between the state and foreign investors in environmental and property protection

Abstract

The article presents the forms of interaction in terms of foreign investment with reference to the protection of property interests on the one hand and the protection of environmental interests on the other. The need to protect investors’ assets from expropriations directly related to the state’s environmental interests has emerged relatively recently, but the parties to bilateral or multilateral agreements have included provisions that protect the given values. Addressing the issue in the light of the respective agreements is a welcome thing for both the host state of investment and the investing state, each creating its own levers of protection of due interests. The effectiveness of these provisions and the settlement of disputes arising from them remain at the discretion of the parties in most cases, but the mechanisms provided offer some additional guarantees to be able to make progress in both investment and environmental protection.