Climate change policies are triggering an increasing number of investment disputes, even as politi-cal concern grows that international investment treaties may impede climate change action. This in-dispensable book presents 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.
Drawing on forty-two publicly available arbitral awards and on 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 of a range of energy disputes and awards, in-cluding decisions on legitimate expectations, investor due diligence, and climate change.
This timely work provides key insights for arbitration practitioners and policymakers on the interplay between investment protection and climate change. The ordered structure of its presentation will be of immeasurable value to en-ergy investors and their counsel, government officials, arbitrators, and scholars.