Střety zájmů při ochraně biodiverzity a klimatu

promotion and protection provisions 14 and an investor-state dispute settlement (ISDS) mechanism, 15 which allows an investor to bring a legal dispute before an independent body for breach of these obligations. The ECT is thus a critical example for understanding the broader crisis in international investment law, which requires a fundamental re-evaluation to align with contemporary global realities. This paper examines the systemic conflict through a doctrinal method between international investment law and international climate law by using the example of the ECT. The first chapter discusses the normative dissonance between the static protection of foreign investors under international investment law and the dynamic mandate of international climate law, analysing the conflict through both vertical and horizontal perspectives. The second chapter examines how these theoretical conflicts are applied in practice through a doctrinal analysis of ECT arbitration. The conclusions are drawn from the application of the ECT provisions in past investor-state dispute proceedings and from a doctrinal methodology based on the analysis of arbitral decisions, treaty texts, and academic literature. The third chapter discusses potential future solutions to the conflict between international investment law and international climate law. It briefly summarises the key arguments that appear in academic debates in this regard, categorising them into interpretative, reformative and transformative approaches. 2. The Conflict of Two Legal Regimes: Vertical and Horizontal Perspectives The conflict between international investment treaties and climate policies can be approached from vertical and horizontal perspectives. 16, 17 Vertical conflict refers to the tension between the international investment regime reflected in specific IIAs and domestic regulations. The horizontal conflict relates to the relationship between international investment treaties and international climate commitments. 18 The present chapter is therefore divided accordingly, with the first subchapter focusing on vertical conflict and the second on horizontal conflict. For the vertical conflict, the subchapter 16 This categorization was applied in the author‘s diploma thesis. It is also used by the author in the following article: ZHU, Ying. A quasi-normative conflict: Resolving the tension between investment treaties and cli mate action. Online. Review of European, Comparative & International Environmental Law , 2024, Vol. 33, Issue 2, pp. 183–193. Available from: https://doi.org/10.1111/reel.12565 [accessed 2025-8-25]. 17 ROBERTS, Anthea. Clash of Paradigms: Actors and Analogies Shaping the Investment Treaty System. Online. American Journal of International Law , 2013, Vol. 107, Issue 1, pp. 45–94. Available from: htt ps://doi.org/10.5305/amerjintelaw.107.1.0045 [accessed 2025-8-15]; BENEDETTELLI, Massimo V. Determining the Applicable Law in Commercial and Investment Arbitration: Two Intertwined Road Maps for Conflicts-Solving. Online. ICSID Review – Foreign Investment Law Journal . 2022, Vol. 37, Issue 3, pp. 687–722. Available from: https://doi.org/10.1093/icsidreview/siac019 [accessed 2025-8-15]. 18 ZHU, Ying, ref. 15, pp. 184–187. 14 Part III of the ECT. 15 Part V of the ECT.

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