Investment Arbitration and International Climate Change Law

Investment Arbitration and International Climate Change Law is an indispensable book presenting the first in-depth analysis of the nexus of international climate change law (ICCL) with investors’ legitimate expectations, offering practical ways to integrate ICCL in the resolution of energy investment disputes. Climate change policies are triggering an increasing number of investment disputes, even as political concern grows that international investment treaties may impede climate change action.

Based on forty-two publicly available arbitral awards and state-of-the-art doctrinal research, the author provides compelling new insights on the following:

• energy sector’s predominance in investment disputes;
• doctrinal debates on fair and equitable treatment;
• scope of energy investors’ legitimate expectations and ways to bridge divergent views;
• legal compatibility of ICCL with international investment law;
• impact of ICCL on energy investors’ legitimate expectations;
• Energy Charter Treaty reform and whether it supports net zero objectives; and
• investment arbitration as an instrument to enforce climate change commitments.

An invaluable annex presents details on a range of energy disputes and awards, including decisions on legitimate expectations, investor due diligence, and climate change.

This timely work provides directly beneficial information for arbitration practitioners and policymakers on the interplay between investment protection and climate change. The ordered structure of its presentation will prove to be invaluable to energy investors and their counsel, government officials, and scholars.