Střety zájmů při ochraně biodiverzity a klimatu

The distinction between vertical and horizontal conflicts revealed the multifaceted nature of this tension. The former manifests itself as direct constraints on national policy space through an extensive interpretation of substantive protections. The latter manifests itself as a quasi-normative conflict in which the rigid, enforceable obligations of investment law functionally subordinate objectives arising from the international climate regime. When examining possible solutions, the inherent limitations of progressive adjustments within the existing system became apparent. As the reinterpretation relies on the inconsistent decision-making discretion of arbitration tribunals, and treaty reform faces significant political obstacles, including the issue of sunset clauses , the debate is increasingly shifting toward more fundamental and transformative approaches. The paper concludes that the ongoing conflict, as evidenced by disputes within the ECT, requires a fundamental reassessment of the hierarchy and integrity of international law. An effective solution to the climate crisis will require not only adjustments to specific rules but also systemic changes to the international economic regime so that the protection of private investment does not undermine efforts to tackle climate change and secure public goods for future generations.

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