Research Paper Number

38/2015

An ISDS Carve-Out to Support Action on Climate Change

Authors

Gus Van Harten, Osgoode Hall Law School of York UniversityFollow

View the research paper on SSRN here.

Document Type

Article

Publication Date

2015

Keywords

Climate change, multilateral negotiations, investor-state arbitration

Abstract

How should a multilateral agreement on climate change include a safeguard against risks of investor-state dispute resolution (ISDS) lawsuits targeting climate change action by governments? The aim of this short report is to identify language for an ISDS carve-out that is reliable and clear considering the importance of climate change action and the financial uncertainties and potential deterrent presented by ISDS for states considering such action.

Recommended Citation

Van Harten, Gus, "An ISDS Carve-Out to Support Action on Climate Change" (2015). Osgoode Legal Studies Research Paper Series. 113.
https://digitalcommons.osgoode.yorku.ca/olsrps/113