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THESIS ON THE TOPIC: INTERNATIONAL LEGAL MECHANISMS
FOR THE PROTECTION OF GREEN INVESTMENTS.
Maftuna Khusniddinova Farkhod qizi
Tashkent State Law University, Master of law, LLM
e-mail: khusniddinova.maftuna.1997@gmail.com
https://doi.org/10.5281/zenodo.14868612
International legal mechanisms for the protection of green investments In
recent years, the urgency of addressing climate change and environmental
degradation has prompted a surge in green investments—financial
commitments aimed at promoting sustainable development and ecological
conservation. As countries transition towards greener economies, the need for
robust international legal mechanisms to protect these investments has become
increasingly critical. Such mechanisms not only provide assurance to investors
but also foster global cooperation in achieving environmental goals.
The landscape of green investment is characterized by diverse stakeholders,
including governments, private investors, and non-governmental organizations.
Each plays a pivotal role in shaping the policies and frameworks that govern
environmental investments. However, the complexities of international law,
coupled with varying national regulations, can pose significant challenges for
investors seeking stability and protection in their ventures.
By analyzing effectiveness and identifying gaps of treaties, conventions, and
bilateral investment agreements in protection, we aim to highlight the necessity
of enhancing these legal instruments to foster a more secure environment for
green investment. Furthermore, we will explore emerging trends and suggest
potential reforms that can promote greater legal certainty, thereby encouraging
sustainable financial flows into ecologically beneficial projects.
The success of this transition must be ensured by the formation of conscious
favorable conditions (government financing and expenditures, private
investment, the use of environmental taxes, the implementation of strategic
reforms, the expansion of international cooperation in the field of trade, finance,
market infrastructure, etc.). Such a path of development should not only
increase, Laban E.A. 179, but also restore natural capital as the most important
economic asset, especially for the poor strata of the population, whose income
level and security directly depend on nature.
In doing so, this study contributes to the broader discourse on environmental
governance and sustainable development, emphasizing the interplay between
law, investment, and environmental stewardship. As the world grapples with
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pressing ecological challenges, strengthening international legal mechanisms for
the protection of green investment is not just beneficial but essential for a
sustainable future.
Many countries enter into BITs to promote and protect foreign investments.
These treaties typically include provisions that ensure fair treatment, protection
against expropriation, and the right to transfer funds. Some BITs are
increasingly incorporating clauses that specifically address environmental
protection and sustainable development
The protection of green investments is a rapidly evolving field that sits at the
intersection of international investment law, environmental law, and sustainable
development. While existing mechanisms such as BITs, IPAs, and international
arbitration provide some level of protection, there is a growing recognition that
these frameworks must be adapted to address the unique challenges posed by
climate change and environmental sustainability.
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1.
Akulova E.O. Improving the algorithm for analyzing the most efficient use
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2014. No. 9 (69). P. 12.
2.
Green and Sustainable Finance [Electronic resource].
3.
URL:
https://www.minfin.ru/ru/perfomance/international/cooperation/G20/green/
(date of access 02.03.2019)
