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Governments that take steps to accelerate the transition away from oil, gas and coal face an increased risk of legal challenges from foreign investors over the impact of such steps on investment returns and other burdens. ing. Through Investor-State Dispute Settlement (ISDS), foreign investors can bring arbitration claims against governments and obtain compensation for losses they claim to suffer as a result of government regulations and decisions. Fossil fuel companies are one of the largest users of ISDS.
Overcoming international investment treaties as a barrier to climate action: A toolkit for protecting fossil fuel measures from investment treaty claims that eliminates, reduces, or addresses ISDS risks in the context of the transition away from fossil fuels. A toolkit designed to outline various measures to help you. . The purpose of this book is to help readers understand potential paths to mitigating the threat of investment arbitration. Measures states and advocates can pursue to eliminate ISDS risks, reduce a state’s exposure to investment arbitration claims, and respond to claims should they arise.
The prospect of an ISDS claim involves significant costs and damages, often reaching millions or billions of dollars. Policymakers and experts around the world increasingly recognize ISDS as a critical legal barrier needed to phase out fossil fuels. But it’s not an insurmountable problem.
Read the toolkit for more information.
(Published in January 2024)
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