11 Pages Posted: 22 Sep 2015
Date Written: September 20, 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.
Keywords: Climate change, multilateral negotiations, investor-state arbitration
JEL Classification: K10
Suggested Citation: 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