The International Law Gaze: Allard v. Barbados
Alvarez-Jimenez, A. (2018). The International Law Gaze: Allard v. Barbados. New Zealand Law Journal, 2018(November), 321–324.
Permanent Research Commons link: https://hdl.handle.net/10289/12431
What does it happen if as a result, among others, of an alleged State’s failure to enforce its environmental regulation, a foreign investor suffers significant losses due to the environmental deterioration provoked by the failure, argues that the failure constitutes a violation of its rights under an international investment agreement, and requests compensation from the host State? The award in Peter A. Allard v the Government of Barbados answers this and other related questions. (Peter A. Allard v the Government of Barbados, Permanent Court of Arbitration, PCA Case No 2012-06, 27 June 2016) (Allard v Barbados). Although the investor lost the case, there are lessons to draw for environmental authorities and for New Zealand investors abroad.
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