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Investor-State Dispute Settlement and the Future of the Precautionary Principle

ensure the conservation and protection of natural resources and the environment , including a limitation on the availability, number and scope of concessions granted, and the imposition of a moratorium or ban; Id . art. 8.4.2(a) (emphasis added). Similarly, for the purposes of Section D of CETA (Investment Protection), Id . arts. 8.9-8.14. which includes the provisions for fair and equitable treatment, compensation, expropriation, transfers and subrogation, Id . arts. 8.10-8.14 respectively. a clarification is included at the beginning of the section: For

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Missed Opportunities, Good Intentions: The Takings Decisions of Justice Antonin Scalia

property than someone else’s, which is why the tort law is imposed for harms on strangers but never for self-inflicted losses. Ideally, therefore, these habitat conservation cases should always come out in the opposite direction under a rule that requires the government to pay for such restrictions. Under the current regime, however, landowners know that the government can swoop in at any moment and freeze land development due to environmental concerns. This fear of future, uncompensated restrictions creates a powerful incentive for individuals to proactively destroy

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The Trans-Pacific Partnership

health” and measures “related to the conservation of living or nonliving exhaustible natural resources”, TPP, supra note 24, art. 9.10.3(d)(ii), (iii). no general set of exceptions analogous to that in Article XX of the WTO’s General Agreement on Tariffs and Trade (GATT) 1994 GATT, Doc LT/UR/A-1/A/1/GATT/2, signed Oct. 30, 1947, as incorporated in the Marrakesh Agreement Establishing the World Trade Organization, annex 1A, opened for signature Apr. 15, 1994, entered into force Jan. 1, 1995, 1867 U.N.T.S, 3. applies to the TPP investment chapter as a whole. These

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