An ISDS Carve-Out to Support Action on Climate Change
Gus Van Harten
York University - Osgoode Hall Law School
September 20, 2015
Osgoode Legal Studies Research Paper No. 38/2015
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.
Number of Pages in PDF File: 11
Keywords: Climate change, multilateral negotiations, investor-state arbitration
JEL Classification: K10
Date posted: September 22, 2015
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