Research Paper Number
21/2016
Document Type
Article
Publication Date
2015
Keywords
International Trade; International Trade--Social Aspects; Climate Change
Abstract
From a climate perspective, not all investment is equal. Desirable investment in clean energy needs encouragement and protection, while undesirable investment in fossil fuels needs clear policy signals to avoid further investment in destructive activities and stranding more assets. In this paper, evidence is presented on how foreign investor protection provisions in trade and investment agreements tilt the playing field in favor of entrenched incumbents and against urgent action on climate; on the potential for a massive expansion of investor-state litigation and risks to climate policy in proposed trade deals; and on key flaws in recent European Commission proposals to reform investor-state dispute settlement (ISDS).
Recommended Citation
Van Harten, Gus, "Foreign Investor Protection and Climate Action: A New Price Tag for Urgent Policies" (2015). Osgoode Legal Studies Research Paper Series. 146.
https://digitalcommons.osgoode.yorku.ca/olsrps/146
Included in
Banking and Finance Law Commons, Dispute Resolution and Arbitration Commons, Environmental Studies Commons, International Business Commons
View the research paper on SSRN here.