Investment disputes: supporting and undermining climate action

Matteo Fermeglia and Joana Setzer

Chapter 6 in Human Rights and Investment Law for Climate Change, 2025, pp 87-106 from Edward Elgar Publishing

Abstract: Abstract: This chapter presents a critical assessment of the complex role of investment disputes in relation to climate action. First, it sheds light on the factors that determine that an investment dispute is relevant from a climate change perspective. Subsequently, it proposes a taxonomy of investment disputes based on their positive or negative contribution to climate action. Finally, the chapter identifies the main substantive and procedural obstacles that impede investor–State dispute settlement from yielding outcomes that are conducive to the achievement of global climate goals.

Keywords: Investment law; Investor–State dispute settlement; Climate change law; Foreign direct investment; International investment agreements; Energy Charter Treaty (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035310081
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