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Article
An ISDS Carve-Out to Support Action on Climate Change
Osgoode Legal Studies Research Paper Series
  • Gus Van Harten, Osgoode Hall Law School of York University
Research Paper Number
38/2015

View the research paper on SSRN here.

Document Type
Article
Publication Date
2015
Keywords
  • Climate change, multilateral negotiations, investor-state arbitration
Abstract

How should a multilateral agreement on climate change include a safeguard against risks of investor-state dispute resolution (ISDS) lawsuits targeting climate change action by governments? The aim of this short report is to identify language for an ISDS carve-out that is reliable and clear considering the importance of climate change action and the financial uncertainties and potential deterrent presented by ISDS for states considering such action.

Citation Information
Gus Van Harten. "An ISDS Carve-Out to Support Action on Climate Change" (2015)
Available at: http://works.bepress.com/gus_vanharten/83/