Combating Climate Change Through Investment Arbitration

Anatole Jean Raymond Thierry Boute

Research output: Contribution to journalArticle

Abstract

In addition to the general non-commercial risks that may affect any foreign direct investment, low-carbon investments face specific risks related to the mechanisms of public support that states develop to enable the financial viability of such projects. In the absence of the full internalization of the carbon externality, a perception amongst investors that states might renege on promises of support once investments are made seriously affects the credibility and thus effectiveness of climate policies. By limiting this risk, investment arbitration, which has often been accused of constituting a threat to climate change mitigation efforts, could in fact reinforce climate policies.
Original languageEnglish
Pages (from-to)613-664
Number of pages52
JournalFordham International Law Journal
Volume35
Issue number3
Publication statusPublished - 2012

Fingerprint

environmental policy
climate change
foreign direct investment
carbon
viability
project
climate change mitigation
externality
public

Cite this

Combating Climate Change Through Investment Arbitration. / Boute, Anatole Jean Raymond Thierry.

In: Fordham International Law Journal, Vol. 35, No. 3, 2012, p. 613-664.

Research output: Contribution to journalArticle

Boute, Anatole Jean Raymond Thierry. / Combating Climate Change Through Investment Arbitration. In: Fordham International Law Journal. 2012 ; Vol. 35, No. 3. pp. 613-664.
@article{b04f28508e4c4b9180912efe41827365,
title = "Combating Climate Change Through Investment Arbitration",
abstract = "In addition to the general non-commercial risks that may affect any foreign direct investment, low-carbon investments face specific risks related to the mechanisms of public support that states develop to enable the financial viability of such projects. In the absence of the full internalization of the carbon externality, a perception amongst investors that states might renege on promises of support once investments are made seriously affects the credibility and thus effectiveness of climate policies. By limiting this risk, investment arbitration, which has often been accused of constituting a threat to climate change mitigation efforts, could in fact reinforce climate policies.",
author = "Boute, {Anatole Jean Raymond Thierry}",
year = "2012",
language = "English",
volume = "35",
pages = "613--664",
journal = "Fordham International Law Journal",
issn = "0747-9395",
number = "3",

}

TY - JOUR

T1 - Combating Climate Change Through Investment Arbitration

AU - Boute, Anatole Jean Raymond Thierry

PY - 2012

Y1 - 2012

N2 - In addition to the general non-commercial risks that may affect any foreign direct investment, low-carbon investments face specific risks related to the mechanisms of public support that states develop to enable the financial viability of such projects. In the absence of the full internalization of the carbon externality, a perception amongst investors that states might renege on promises of support once investments are made seriously affects the credibility and thus effectiveness of climate policies. By limiting this risk, investment arbitration, which has often been accused of constituting a threat to climate change mitigation efforts, could in fact reinforce climate policies.

AB - In addition to the general non-commercial risks that may affect any foreign direct investment, low-carbon investments face specific risks related to the mechanisms of public support that states develop to enable the financial viability of such projects. In the absence of the full internalization of the carbon externality, a perception amongst investors that states might renege on promises of support once investments are made seriously affects the credibility and thus effectiveness of climate policies. By limiting this risk, investment arbitration, which has often been accused of constituting a threat to climate change mitigation efforts, could in fact reinforce climate policies.

M3 - Article

VL - 35

SP - 613

EP - 664

JO - Fordham International Law Journal

JF - Fordham International Law Journal

SN - 0747-9395

IS - 3

ER -