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Investment Arbitration and Climate Change
Hardcover
ISBN13: 9789403542072
Publisher: Kluwer Law International
Published: Dec 11 2023
Pages: 312
Weight: 1.35
Height: 0.75 Width: 6.14 Depth: 9.21
Language: English
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.
- 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.
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