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The Corporatization Of Justice: Clashes Between International Arbitration And National Environmental Regulations, Scott Novak
The Corporatization Of Justice: Clashes Between International Arbitration And National Environmental Regulations, Scott Novak
Honors Program Theses
In light of the controversies surrounding international arbitration systems and the growing threat of global climate change, this paper aims to answer the following questions: Do international trade arbitration mechanisms undermine national environmental regulations and initiatives, and if so, in what ways does this happen, and how might these mechanisms be reformed? By applying four different theoretical models of international arbitration to four cases studies illustrating how state environmental policies have clashed with private interests in the past, I develop a comprehensive power-based model of arbitration that provides insight into international arbitration systems' current inequities and how these systems may …