Research Paper Number
International Trade; International Trade--Social Aspects; Climate Change
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).
Van Harten, Gus, "Foreign Investor Protection and Climate Action: A New Price Tag for Urgent Policies" (2015). Osgoode Legal Studies Research Paper Series. 146.
Banking and Finance Law Commons, Dispute Resolution and Arbitration Commons, Environmental Studies Commons, International Business Commons
View the research paper on SSRN here.