Abstract

The urgent need to combat climate change has led many states to adopt regulatory measures aimed at phasing out fossil fuels and transitioning to sustainable energy systems. However, these climate-friendly policies have increasingly come under challenge through investor-state dispute settlement (ISDS) mechanisms, particularly based on the fair and equitable treatment (FET) standard found in international investment agreements (IIAs). This article critically examines the tension between the FET standard and the states; regulatory autonomy in environmental matters. It argues that the ...