Examining marine pollution governance from the perspective of international investment law: theoretical connection, development trends, and China’s experience
Global marine pollution demands effective governance measures, with international investment law playing a crucial role. This study explores ocean pollution governance through international investment law, focusing on two aspects. First, it examines environmental clauses in investment agreements and...
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| Format: | Article |
| Language: | English |
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Frontiers Media S.A.
2025-05-01
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| Series: | Frontiers in Marine Science |
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| Online Access: | https://www.frontiersin.org/articles/10.3389/fmars.2025.1617277/full |
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| author | Xue Liu Zhanyang Yu |
| author_facet | Xue Liu Zhanyang Yu |
| author_sort | Xue Liu |
| collection | DOAJ |
| description | Global marine pollution demands effective governance measures, with international investment law playing a crucial role. This study explores ocean pollution governance through international investment law, focusing on two aspects. First, it examines environmental clauses in investment agreements and their influence on host countries’ environmental regulatory space. Second, it assesses China’s current marine environmental laws and governance practices, highlighting challenges like insufficient legal integration and unclear liability definitions. Findings indicate a shift towards “greening” international investment rules, emphasizing the importance of environmental provisions in managing marine pollution. However, earlier treaties often lacked comprehensive environmental clauses, restricting host nations’ regulatory capacities. Accordingly, it is necessary to strengthen multilateral cooperation and refine specific rule innovations. By leveraging investment-rule reform platforms to promote the implementation of marine environmental regulations, the negative impacts of ISDS can be mitigated, ultimately achieving a win-win between investment protection and marine environmental conservation. |
| format | Article |
| id | doaj-art-b2f92b173d704513b9c8b86cc5e1bfb9 |
| institution | OA Journals |
| issn | 2296-7745 |
| language | English |
| publishDate | 2025-05-01 |
| publisher | Frontiers Media S.A. |
| record_format | Article |
| series | Frontiers in Marine Science |
| spelling | doaj-art-b2f92b173d704513b9c8b86cc5e1bfb92025-08-20T02:34:32ZengFrontiers Media S.A.Frontiers in Marine Science2296-77452025-05-011210.3389/fmars.2025.16172771617277Examining marine pollution governance from the perspective of international investment law: theoretical connection, development trends, and China’s experienceXue Liu0Zhanyang Yu1The School of Law, Zhejiang Gongshang University, Hangzhou, ChinaThe School of International Law, China University of Political Science and Law, Beijing, ChinaGlobal marine pollution demands effective governance measures, with international investment law playing a crucial role. This study explores ocean pollution governance through international investment law, focusing on two aspects. First, it examines environmental clauses in investment agreements and their influence on host countries’ environmental regulatory space. Second, it assesses China’s current marine environmental laws and governance practices, highlighting challenges like insufficient legal integration and unclear liability definitions. Findings indicate a shift towards “greening” international investment rules, emphasizing the importance of environmental provisions in managing marine pollution. However, earlier treaties often lacked comprehensive environmental clauses, restricting host nations’ regulatory capacities. Accordingly, it is necessary to strengthen multilateral cooperation and refine specific rule innovations. By leveraging investment-rule reform platforms to promote the implementation of marine environmental regulations, the negative impacts of ISDS can be mitigated, ultimately achieving a win-win between investment protection and marine environmental conservation.https://www.frontiersin.org/articles/10.3389/fmars.2025.1617277/fullinternational investment lawmarine environmental governanceenvironmental clausesinternational investment agreementssustainable development |
| spellingShingle | Xue Liu Zhanyang Yu Examining marine pollution governance from the perspective of international investment law: theoretical connection, development trends, and China’s experience Frontiers in Marine Science international investment law marine environmental governance environmental clauses international investment agreements sustainable development |
| title | Examining marine pollution governance from the perspective of international investment law: theoretical connection, development trends, and China’s experience |
| title_full | Examining marine pollution governance from the perspective of international investment law: theoretical connection, development trends, and China’s experience |
| title_fullStr | Examining marine pollution governance from the perspective of international investment law: theoretical connection, development trends, and China’s experience |
| title_full_unstemmed | Examining marine pollution governance from the perspective of international investment law: theoretical connection, development trends, and China’s experience |
| title_short | Examining marine pollution governance from the perspective of international investment law: theoretical connection, development trends, and China’s experience |
| title_sort | examining marine pollution governance from the perspective of international investment law theoretical connection development trends and china s experience |
| topic | international investment law marine environmental governance environmental clauses international investment agreements sustainable development |
| url | https://www.frontiersin.org/articles/10.3389/fmars.2025.1617277/full |
| work_keys_str_mv | AT xueliu examiningmarinepollutiongovernancefromtheperspectiveofinternationalinvestmentlawtheoreticalconnectiondevelopmenttrendsandchinasexperience AT zhanyangyu examiningmarinepollutiongovernancefromtheperspectiveofinternationalinvestmentlawtheoreticalconnectiondevelopmenttrendsandchinasexperience |