Navigating Investment Law in a Changing Climate - How Can States Balance Competing Obligations?
Article from: TDM 5 (2023), in Climate Change
Executive Summary
The transition by States to a net zero economy and implementation of robust strategies to tackle climate change have led to a tension between public interest in the green transition and the commercial interest of existing investments which are negatively impacted by that transition. This translates to a potential conflict for States between existing investment law obligations under bilateral and multilateral investment treaties and more recent environmental obligations under other international treaties such as the Paris Agreement. Following an overview of a recent treaty reform and its ...