Investment Treaties and Climate Change Policy: A Possible Legal Pathway

Abstract The purpose of this article is to identify what type of treaty features, due to what they ban, restrict, allow and/or promote, may be conducive to promote foreign investment in low-carbon and climate-resilient activities while at the same time preserving the ability of States to drive the decarbonisation and resilience of their economies. It is, in other words, a policy analysis, but one that can be informed by existing treaty, arbitration and policy practice.