Research Paper Number
Climate change, multilateral negotiations, investor-state arbitration
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.
Van Harten, Gus, "An ISDS Carve-Out to Support Action on Climate Change" (2015). Osgoode Legal Studies Research Paper Series. 113.