Decarbonizing North America: A Review of the Balancing Problem in Expropriation Claims
Article from: TDM 4 (2025), in International Oil & Gas Arbitration
Abstract
The global drive for decarbonization has led to significant regulatory reforms, especially in North America, where new measures target emissions from the energy sector. This article examines how such regulations-particularly the 2024 U.S. EPA decarbonization rule and Canada's coal phaseout regulations 2012 (as amended) -interact with international investment protections, focusing on the expropriation standard. But the balancing of states' regulatory interests with investment protection is a precarious balance that requires transparency in regulation-making, collaboration between host ...











