Transnational Investment State Arbitration: A New Game-Changer for Global Climate Change Goals
Article from: TDM 5 (2023), in Climate Change
Abstract
In this Anthropocene Age and highly globalized interconnected world, States and Foreign Investors have competing interests that complicate the present Global War on Climate Change, as the number of foreign investment disputes associated with the environment and Climate Change has recently grown. As arbitrators have a broader discretion in interpreting Fair and Equitable Treatment (FET) in International Investment Agreements (IIAs), enforcing States' sustainable development goals, such as Climate Change, while protecting foreign investments is challenging. This article aims to dissect the ...