Ditch or Fix? The Role of International Investment Agreements in Reconciling ISDS With the Climate Emergency (2nd Essay Competition Prize Winners 2024)

This essay explores the complex relationship between investor-state dispute settlement (ISDS) mechanisms and climate change regulations. As climate change accelerates, states are increasingly implementing measures to transition to a low-carbon economy, often conflicting with commitments made to foreign investors under international investment agreements (IIAs). This has led to controversial arbitral awards against states, raising questions about the legitimacy and suitability of the ISDS system in addressing climate-related disputes. The authors argue for reforming rather than abandoning ISDS, suggesting that IIAs can be leveraged to promote environmental protection and pro-climate policies. They discuss the potential of new-generation treaties to balance investment protection with states’ right to regulate for climate goals. The essay also examines the European Union’s (EUs) efforts to integrate climate objectives into its investment policies, including its withdrawal from the Energy Charter Treaty (ECT) due to its incompatibility with EU climate goals.

Authors

Publication Details

Journal
European Investment Law and Arbitration Review Online
Published
2024-10-01
DOI
https://doi.org/10.54648/eila2024047
Primary Topic
Climate Change Policy and Economics
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Ditch or Fix? The Role of International Investment Agreements in Reconciling ISDS With the Climate Emergency (2nd Essay Competition Prize Winners 2024)

Rebecca Mee, Jack Bownes
European Investment Law and Arbitration Review Online
Climate Change Policy and Economics
article

Ditch or Fix? The Role of International Investment Agreements in Reconciling ISDS With the Climate Emergency (2nd Essay Competition Prize Winners 2024)

Rebecca Mee, Jack Bownes
article en

Abstract

This essay explores the complex relationship between investor-state dispute settlement (ISDS) mechanisms and climate change regulations. As climate change accelerates, states are increasingly implementing measures to transition to a low-carbon economy, often conflicting with commitments made to foreign investors under international investment agreements (IIAs). This has led to controversial arbitral awards against states, raising questions about the legitimacy and suitability of the ISDS system in addressing climate-related disputes. The authors argue for reforming rather than abandoning ISDS, suggesting that IIAs can be leveraged to promote environmental protection and pro-climate policies. They discuss the potential of new-generation treaties to balance investment protection with states’ right to regulate for climate goals. The essay also examines the European Union’s (EUs) efforts to integrate climate objectives into its investment policies, including its withdrawal from the Energy Charter Treaty (ECT) due to its incompatibility with EU climate goals.

European Investment Law and Arbitration Review OnlineVol. 9(Issue 2)
Openalex Percentile: Top 73%
Climate Change Policy and Economics
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Ditch or Fix? The Role of International Investment Agreements in Reconciling ISDS With the Climate Emergency (2nd Essay Competition Prize Winners 2024) — Rebecca Mee, Jack Bownes · European Investment Law and Arbitration Review Online (2024) | TGRS Research Map | TGRS