Gabriel Bottini35 discusses Argentina`s experience in investment arbitrage. He shares his experience as an arbitrator and states that the relevance of environmental issues has been limited in investment arbitration proceedings. Unfortunately, environmental and other related issues, such as human rights, have so far had a relatively small impact on the outcome of investment arbitration procedures. One reason may be that the parties have not yet placed sufficient emphasis on environmental issues in their submissions. However, this can also be attributed to a misconception by some parties that arbitrators should not pay too much attention to matters of public interest. It is argued that arbitrators generally do not prevent states from adopting the public policies they choose and only from ordering that the damage caused by this policy to foreign investors be compensated. According to Bottini, this view cannot be accepted. The monetary consequences for a country resulting from investment arbitration procedures may be high enough to effectively prevent states from taking certain measures. And even if the amounts requested are not very large for the State concerned, the finding that a state has violated international law is a serious matter that States in general will try to avoid, even if they do not adopt certain environmental measures. That is why, according to Bottinis, the situation is clear: “Referees cannot turn a blind eye to the possible consequences of their decisions on the environment.” Andrea Saldarriaga and Andrea Shemberg26 argued that UN guiding principles can help bridge the gap between international investment law and the environment.

They explained their point of view as follows. He added that the ILO provides for fair and fair treatment and fair compensation in the event of expropriation. The bits contain very broad terms, they open the door to all kinds of requirements and limit the flexibility of Member States to take policy measures, such as environmental protection measures. The ILO has evolved over time and the new generation of ILOs often deals with environmental issues. However, the ilOes of the older generation limit to some extent, if not to some extent, the political leeway of the Member States. This limits Member States to do what they are allowed to do or what they are required to protect the environment under EU law. In addition, bit investors give the opportunity to sue states in international arbitration tribunals. It states that the substantive standards of environmental contracts are a good guide for government action, including on environmental protection. The material principles of non-discrimination, fair and equitable treatment and compensation for expropriations provide a good basis for public sector action.