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An ISDS Carve-Out to Support Action on Climate Change

11 Pages Posted: 22 Sep 2015  

Gus Van Harten

York University - Osgoode Hall Law School

Date Written: September 20, 2015

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.

Keywords: Climate change, multilateral negotiations, investor-state arbitration

JEL Classification: K10

Suggested Citation

Van Harten, Gus, An ISDS Carve-Out to Support Action on Climate Change (September 20, 2015). Osgoode Legal Studies Research Paper No. 38/2015. Available at SSRN: https://ssrn.com/abstract=2663504 or http://dx.doi.org/10.2139/ssrn.2663504

Gus Van Harten (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada
416 650 8419 (Phone)

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