International Investment Agreement (IIA) and the Protection of the Environment in Thailand

15 Pages Posted: 23 Feb 2018

See all articles by Kamol Tanchinwuttanakul

Kamol Tanchinwuttanakul

Charles University in Prague - Faculty of Law; Phranakhon Rajabhat University

Date Written: February 1, 2018

Abstract

Thailand allegedly broke the International Investment Agreement (IIA) because it did not protect the host state, and investment arbitration in the country was negatively affected by the decision in the case of Walter Bau AG versus Thailand. The country should prepare itself to understand international investment law in the IIA, particularly with regard to the environment. This article aims to explain the problem of environmental protection in Thailand in relation to Thailand’s model IIA. Furthermore, it is necessary to establish general principles regarding the protection of the environment in terms of international investment law and legal problems in the interpretation of IIAs. De lege ferenda is also recommended for Thailand‘s model IIA to be amended in order to add a clause about the protection of the environment, which may be applicable under international law and the IIA as an interpretation mechanism. This is to amend the obligations and social responsibilities of foreign investors to protect the environment in Thailand as the host state.

Keywords: IIA, environment, investment, Thailand, host state, arbitration

Suggested Citation

Tanchinwuttanakul, Kamol, International Investment Agreement (IIA) and the Protection of the Environment in Thailand (February 1, 2018). Charles University in Prague Faculty of Law Research Paper No. 2018/I/3. Available at SSRN: https://ssrn.com/abstract=3128405 or http://dx.doi.org/10.2139/ssrn.3128405

Kamol Tanchinwuttanakul (Contact Author)

Charles University in Prague - Faculty of Law ( email )

Nam. Curieovych 7
Praha, 11640
Czech Republic

Phranakhon Rajabhat University ( email )

Bangkok, Bangkok
Thailand

Register to save articles to
your library

Register

Paper statistics

Downloads
65
Abstract Views
454
rank
342,646
PlumX Metrics