Intergrating environmental management in the direct foreign investment regime within a sustainability framework
ABSTRACT NOT AVAILABLEThis thesis examined the way in which the foreign direct investment (FDI) regime impacts of sustainable environmental management in host states. The study was conducted under a sustainability framework. This framework also adopted an integrative approach in so far as integrating the norms, values and principles of environmental management into the FDI regime. The thesis offered a discussion of the linkage between FDI and environmental management relying on both conceptual and empirical perspectives. It then developed a model of sustainability approach drawn from the scholarly literature and applied it to the assessment ofFDI protection regime and its relationship to environmental management. The thesis explored the extent to which the FDI protection regime integrates the principles of sustainable environmental management within host states. The key players involved in the process of environmental management within the FDI context were identified as the host state, foreign investors and local communities. The thesis established the norms, values and principles of sustainable management. The study analysed key document containing data on the FDI protection and environmental management. The thesis constructed the FDI regime by examining the principles of FDI protection. These principles are the principle of international minimum standard, the rule against uncompensated expropriation, the national treatment principle and the most-favoured- nation treatment principle. These principles conflict with those of sustainable environmental management. The protective character of this regime manifests itself in the resolution of disputes concerning environmental regulation and accountability within an FDI context in order to shield concerned investors from responsibility. Non-integration of the norms, values and principles of sustainable environment in the FDI regime emerged. This negatively impacts on sustainable environmental management in host states. Reform and reconstruction of the regime is now ripe.