Abstract

Protection of the environment and addressing climate change concerns have recently been at the centre of many investors' state dispute settlement (ISDS), especially in the renewable energy sector, as a common concern for humankind. Considering its importance and lack of appropriate reflections in current Bilateral investment treaties (BITs) and International Investment Agreements (IIAs) and the approach of judicial bodies both at national and international levels, this paper examines the scope of climate change mitigation before the ISDS Tribunals through the lens of investment protection standards available in current international investment law regime. With that view, this paper also examines how far the approach of current ISDS Tribunals can contribute to addressing the matter for future climate change mitigation claims. This paper also highlights the controversy surrounding the interrelation between FDI and alleged breach of environmental pollution or climate change concerns and the challenges the ISDS Tribunals face in addressing the issue.

This paper will be part of the third TDM Special Issue on "International Investment Arbitration - Environmental Protection and Climate Change Issues". More information here www.transnational-dispute-management.com/news.asp?key=1893