Investment Arbitration and Climate Change

Each of the book’s contributions offers a penetrating perspective on this complex matter, touching on such aspects as the following:

• investment disputes arising from States’ climate measures or actions;

• whether and how states can file counterclaims against investors in such disputes;

• the appropriate role for climate science at various stages of arbitration;

• how to assess damages in cases involving fossil assets left stranded by the climate transition; and

• whether, on balance, existing international investment law supports or hinders the global energy transition.

Along the way, arbitrators and other practitioners will gain insight into how to argue, defend, and assess climate-related investment disputes, using not only investment-treaty case law but also international climate agreements, human rights law, and environmental law. Policymakers are shown ways to design and implement climate policy and investment treaties in order to avoid claims by foreign investors.

For policymakers, treaty and contract negotiators, dispute resolution lawyers, and international organizations, no other resource provides such incisive discussion of how to balance treaty-based investment protection against states’ inherent duty to regulate in the public interest.