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Investing in the Era of Climate Change

Investing in the Era of Climate Change
Author: Bruce Usher
Publisher: Columbia University Press
Total Pages: 399
Release: 2022-09-28
Genre: Business & Economics
ISBN: 023155382X

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A climate catastrophe can be avoided, but only with a rapid and sustained investment in companies and projects that reduce greenhouse gas emissions. To the surprise of many, this has already begun. Investors are abandoning fossil-fuel companies and other polluting industries and financing businesses offering climate solutions. Rising risks, evolving social norms, government policies, and technological innovation are all accelerating this movement of capital. Bruce Usher offers an indispensable guide to the risks and opportunities for investors as the world faces climate change. He explores the role that investment plays in reducing emissions to net zero by 2050, detailing how to finance the winners and avoid the losers in a transforming global economy. Usher argues that careful examination of climate solutions will offer investors a new and necessary lens on the future for their own financial benefit and for the greater good. Companies that reduce greenhouse gas emissions will create great wealth, and, more importantly, they will provide a lifeline for humanity. Grounded in academic and industry research, Usher’s insights bring clarity to a complex and controversial topic while illuminating the people behind the numbers. This book sets out a practical and actionable plan for investors that will alter the course of climate change.


International Investment and Climate Change

International Investment and Climate Change
Author: Timothy Forsyth
Publisher: Routledge
Total Pages: 263
Release: 2014-04-08
Genre: Political Science
ISBN: 1134192177

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This study, based on fieldwork and case studies of southeast Asian countries shows how privatization, investment and new energy technologies can be integrated to combat climate change and provide the maximum return for investors. The author explains what incentives and regulatory structures are needed that do not damage local competitiveness. Asserting that technology transfer is fundamental to effective policies for climate change and for economic development, the text examines how the benefits can be maximized.


Investment Arbitration and Climate Change

Investment Arbitration and Climate Change
Author: Annette Magnusson
Publisher: Kluwer Law International B.V.
Total Pages: 373
Release: 2023-12-11
Genre: Law
ISBN: 9403542179

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At the nexus between international investment law, climate law, and human rights law, States’ obligations to protect foreign investments clash with their right – or even their duty – to regulate to protect the planet and people. State efforts at climate change mitigation and adaptation have already triggered claims of liability under the investor-protection provisions of bilateral and multilateral investment treaties. In this comprehensive elaboration on the topic, stellar experts and practitioners describe different types of climate-related investment disputes, provide a thorough analysis of the unique procedural issues that emerge in such disputes, and evaluate the proper balance between States’ right to regulate to fight climate change and their obligations towards foreign investors. Each of the book’s contributions offers a penetrating perspective on this complex matter, touching on such aspects as the following: investment disputes arising from States’ climate measures or actions; whether and how states can file counterclaims against investors in such disputes; the appropriate role for climate science at various stages of arbitration; how to assess damages in cases involving fossil assets left stranded by the climate transition; and whether, on balance, existing international investment law supports or hinders the global energy transition. Along the way, arbitrators and other practitioners will gain insight into how to argue, defend, and assess climate-related investment disputes, using not only investment-treaty case law but also international climate agreements, human rights law, and environmental law. Policymakers are shown ways to design and implement climate policy and investment treaties in order to avoid claims by foreign investors. For policymakers, treaty and contract negotiators, dispute resolution lawyers, and international organizations, no other resource provides such incisive discussion of how to balance treaty-based investment protection against states’ inherent duty to regulate in the public interest.


Will International Investment Rules Obstruct Climate Protection Policies?

Will International Investment Rules Obstruct Climate Protection Policies?
Author: Jacob Werksman
Publisher:
Total Pages: 26
Release: 2001
Genre: Business & Economics
ISBN:

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Rules governing the global environment and the international economy are currently decided in separate arenas. Yet, environmental agreements can have strong economic implications, particularly with the growing use of market mechanisms. Economic liberalization rules, meanwhile, may limit the effectiveness of environmental agreements. This Climate Note assesses the potential interaction between one important market-based environmental mechanism - the Clean Development Mechanism (CDM) - and the framework of international investment law.


Yearbook on International Investment Law & Policy 2010-2011

Yearbook on International Investment Law & Policy 2010-2011
Author: Karl P. Sauvant
Publisher: Oxford University Press, USA
Total Pages: 1082
Release: 2012-02-16
Genre: Business & Economics
ISBN: 0199812357

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The Yearbook on International Investment Law & Policy 2010-2011 monitors current developments in international investment law and policy, focusing (in Part One) on recent trends and issues in foreign direct investment (FDI). Part Two then addresses the fundamental developments in European Union policy toward bilateral investment treaties, and annexes the key official European Union documents.


Bridging the Gap Between International Investment Law and the Environment

Bridging the Gap Between International Investment Law and the Environment
Author: Yulia Levashova
Publisher:
Total Pages: 0
Release: 2016
Genre: LAW
ISBN: 9789462365872

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This book addresses the topical question on how national and international environmental concerns could be adequately integrated into international investment law. It covers the question whether international investment law restricts state sovereignty in an unacceptable way - in particular, the freedom of host states to develop national policies and regulation for the improvement of the environment. The book first analyzes the interaction between international investment law and the protection of the environment, on the basis of concepts such as sustainable development, fair and equitable treatment, and international responsibility. Secondly, several chapters discuss challenges which are encountered in attempts to integrate environmental concerns in investment policies in specific sectors and regions (e.g. climate change, water pollution, renewable and nuclear energy, and the European Union region). And, finally, specific case studies illustrate the legal and policy tensions between investment law and environmental protection, namely Vattenfall's disputes with Germany, legal clashes between Chevron and Ecuador, and multinational mining companies' conflicts in Indonesia. The contributions are written by international experts and will be of interest to policy makers and practitioners. *** Librarians: ebook available (Series: Legal Perspectives for Global Challenges - Vol. 4) [Subject: International Law, Investment Law, Environmental Law]


Investment Treaty Law and Climate Change

Investment Treaty Law and Climate Change
Author: Tomás Restrepo Rodríguez
Publisher: Springer Nature
Total Pages: 348
Release: 2023-01-01
Genre: Law
ISBN: 3031186559

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The book deals with the question whether the investment treaty law system could be harmonized with the climate change international legal framework and the climate interest that lies beyond. The answer to this research question is divided into three parts. The first examines the relevance of the climate change international legal framework in investment treaty disputes as a natural pre(logical)interpretative stage. The second focuses on the BIT’s content-interpretation, which is the orthodox approach to solve the fragmentation between the system of investment treaty law and the system of international climate change law. Finally, the third part tackles this fragmentation through a heterodox approach that is grounded in the direct application of climate change principles through law ascertainment. Apart from concluding that harmonization between investment treaty law and international climate change law is possible through the orthodox approach to the expropriation and the FET standards, as well as through the direct application of the climate change precautionary principle and the CBDRRC principle − heterodox approach, the book suggests that tribunals are expected soon to openly address climate change disputes in their rulings.


Climate Clubs for a Sustainable Future

Climate Clubs for a Sustainable Future
Author: Rafael Leal-Arcas
Publisher: Kluwer Law International B.V.
Total Pages: 330
Release: 2021-08-23
Genre: Law
ISBN: 9403537205

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Energy and Environmental Law and Policy Series #41 We know the science of climate change; we know the economics of climate change; we also know the law of climate change. However, we do not know how countries may come together to cooperate on climate change mitigation. In this connection, the role of international trade in climate change, although universally acknowledged, is not well understood. This groundbreaking book by one of the world’s foremost authorities on international economic law not only investigates this role in great depth, but also explains how free trade agreements can be used as a powerful tool to help mitigate climate change. Focusing on the idea of climate clubs—namely the coalition of the willing—among governments, companies, and/or international institutions, the book offers insightful analysis on aspects of the trade–climate linkage such as: formation of climate clubs; legitimacy and accountability; technological cooperation; green patents; how competition law hinders effective cooperation between companies seeking to produce sustainable goods; domestic policy preferences; recognizing States that should legitimately be allowed to be free riders; and sanctions for noncompliance. Three detailed case studies are included: a comparison of the U.S. and European Union (EU) Generalized System of Preferences (GSP) programs, energy security in the Arab world, and EU–Russia energy trade relations. With the author’s conviction that global access to energy, mitigating climate change, and benefit from international trade and investment all can be achieved, this book offers a fresh understanding of the international trading system as a way to reach a prosperous, modern, and sustainable society that will help decarbonize the economy effectively. It will be welcomed by all professionals and policymakers concerned with climate change mitigation, and particularly by those active at its nexus with international trade.


Reforming International Investment Law for Climate Change Goals

Reforming International Investment Law for Climate Change Goals
Author: Martin Dietrich Brauch
Publisher:
Total Pages: 0
Release: 2020
Genre:
ISBN:

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To achieve global climate change mitigation and adaptation goals under the Paris Agreement, international investment law should enable and expedite the transition away from high-emission investment toward low-emission investment. Existing international investment agreements (IIAs) providing for investor-state dispute settlement (ISDS) fail to advance climate goals and can effectively hinder states' climate action. In this chapter, I discuss the implementation of two main policy options for climate-oriented reform of international investment law - termination of climate-unfriendly IIAs and negotiation of climate-friendly ones - at various governance levels, ranging from unilateral to multilateral action. Given the mounting risks and impacts of IIAs and ISDS, as well as the lack of evidence that they encourage foreign investment flows, terminating IIAs or withdrawing from them appears to be the most effective reform option. States seeking to conclude new climate-friendly treaties or to amend existing IIAs must ensure that the treaties legally distinguish between low-emission and high-emission investments. Climate-friendly IIAs must not hinder climate action ('do no harm'), by denying treaty protections to high-emission investments, limiting their establishment and expansion, removing incentives such as fossil fuel subsidies, and requiring investments to be made responsibly. In addition, IIAs should leverage the potential contribution of foreign investment to climate goals ('do good'), by incentivising, promoting, facilitating, and protecting low-emission investments only, and by supporting a just transition to a low-emission world. In line with broader efforts to reform international investment law, climate-aligned IIAs should also exclude or circumscribe controversial provisions (fair and equitable treatment [FET], legitimate expectations, indirect expropriation, and most-favoured-nation [MFN], to name a few), prohibit treaty-based challenges to climate policy measures, and deny substantive rights and access to treaty-based dispute settlement mechanisms to high-emission investments. Climate-unfriendly investors would instead need to rely on substantive rights and procedural avenues based on domestic laws.