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International Investment, Expropriation And Environmental Protection, J. Martin Wagner

Golden Gate University Law Review

After a brief description of the relationship between foreign investment and the environment in Part II, the Article will describe the protection against expropriation provided by international agreements, briefly discussing bilateral investment agreements and then detailing the protection provided by NAFTA and the MAI in Part III. Part IV will then describe the challenges to environmental laws that have been brought under NAFTA's investment chapter. Next, Part V will examine the treatment of indirect expropriation under U.S. and international law. Part VI will demonstrate that, under NAFTA and international expropriation and environmental law, environmental measures should not normally give rise …