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

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