Investment Arbitration and Climate Change

<span style="color:black;mso-ansi-language:EN-GB">At the nexus between international investment law, climate law, and human rights law, States’ obligations to protect foreign investments clash with their right – or even their duty – to regulate to protect the planet and people. State efforts at climate change mitigation and adaptation have already triggered claims of liability under the investor-protection provisions of bilateral and multilateral investment treaties. In this comprehensive elaboration on the topic, stellar experts and practitioners describe different types of climate-related investment disputes, provide a thorough analysis of the unique procedural issues that emerge in such disputes, and evaluate the proper balance between States’ right to regulate to fight climate change and their obligations towards foreign investors.</span>

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<p style="margin-bottom:0cm;margin-bottom:.0001pt;mso-line-height-alt: 5.0pt" class="MsoBodyText"><span style="color:black;mso-ansi-language:EN-GB">Each of the book’s contributions offers a penetrating perspective on this complex matter, touching on such aspects as the following:</span>

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• <p style="margin-top:0cm;margin-right:0cm;margin-bottom:0cm; margin-left:36.0pt;margin-bottom:.0001pt;text-indent:-18.0pt;mso-line-height-alt: 5.0pt;mso-list:l0 level1 lfo1" class="MsoBodyText"><span style="color:black;mso-ansi-language: EN-GB">investment disputes arising from States’ climate measures or actions;</span>

• <p style="margin-top:0cm;margin-right:0cm;margin-bottom:0cm; margin-left:36.0pt;margin-bottom:.0001pt;text-indent:-18.0pt;mso-line-height-alt: 5.0pt;mso-list:l0 level1 lfo1" class="MsoBodyText"><span style="color:black;mso-ansi-language: EN-GB">whether and how states can file counterclaims against investors in such disputes;</span>

• <p style="margin-top:0cm;margin-right:0cm;margin-bottom:0cm; margin-left:36.0pt;margin-bottom:.0001pt;text-indent:-18.0pt;mso-line-height-alt: 5.0pt;mso-list:l0 level1 lfo1" class="MsoBodyText"><span style="color:black;mso-ansi-language: EN-GB">the appropriate role for climate science at various stages of arbitration;</span><span style="mso-spacerun:yes"> </span>

• <p style="margin-top:0cm;margin-right:0cm;margin-bottom:0cm; margin-left:36.0pt;margin-bottom:.0001pt;text-indent:-18.0pt;mso-line-height-alt: 5.0pt;mso-list:l0 level1 lfo1" class="MsoBodyText"><span style="font:7.0pt "Times New Roman""> </span><span style="color:black;mso-ansi-language: EN-GB">how to assess damages in cases involving fossil assets left stranded by the climate transition; and</span>

• <p style="margin-top:0cm;margin-right:0cm;margin-bottom:0cm; margin-left:36.0pt;margin-bottom:.0001pt;text-indent:-18.0pt;mso-line-height-alt: 5.0pt;mso-list:l0 level1 lfo1" class="MsoBodyText"><span style="color:black;mso-ansi-language: EN-GB">whether, on balance, existing international investment law supports or hinders the global energy transition.</span>

<p style="margin-bottom:0cm;margin-bottom:.0001pt;mso-line-height-alt: 5.0pt" class="MsoBodyText"><span style="color:black;mso-ansi-language:EN-GB">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 invest

Anja Ipp is co-founder of Climate Change Counsel, a think tank that provides research, analysis, and advocacy related to the law of climate change and energy transition. She has extensive experience of investment and commercial arbitration, having worked as a legal counsel at the SCC Arbitration Institute and as an associate in the New York office of Jones Day. Anja is a frequent speaker on investment law and arbitration reform, energy transition, and the role of lawyers in the climate transition, and she is the author or editor of several publications, including The Energy Charter Treaty, Climate Change, and Clean Energy Transition (2022). She holds a JD from Columbia University in New York and an LLM in International Criminal Law from the University of Amsterdam. Earlier in her career, she was a writer and editor focusing on international development and human rights at think tanks in Kabul and Washington. Annette Magnusson is co-founder of Climate Change Counsel, a think tank that provides research, analysis, and advocacy related to the law of climate change and energy transition. Prior to co-founding Climate Change Counsel, Annette was Secretary General of the SCC Arbitration Institute. She holds more than twenty years’ experience of international law, including from global law firms, and is the founder of the crowdsourcing initiative Stockholm Treaty Lab. Annette is a frequent speaker on law and climate change, and the author or editor of several publications, including International Arbitration in Sweden – A Practitioner’s Guide (2d ed. 2021) and Arbitrating for Peace (2017). She co-chairs the Panel of Experts to Develop a Paris Agreement Conciliation Annex appointed by the International Council for Commercial Arbitration (ICCA).