The Customary Duty to Prevent Unabated Fossil Fuel Production: A Tipping Point for Energy Investment Arbitration?
Article from: TDM 1 (2023), in Climate Change
Abstract
Analyses of climate change issues in energy investment arbitration have largely neglected the possible implications of customary international law in the interpretation and application of investment treaties. Here, a duty to prevent unabated fossil fuel production serves as shorthand for the fundamental duty of each State to exercise due diligence in the prevention of environmental harm through the initial approval and continuous monitoring of fossil fuel projects within its jurisdiction, requiring a State to perform environmental impact assessments and to determine ...