Back to the Future: Viewing Emerging Climate Risk Through a Precautionary Lens
This piece explores the utility of the precautionary principle as a tool available to investment tribunals tasked with assessing measures adopted by States to address climate-related risks. To date, little...
Closing Doors to Investor-State Dispute Settlement
Global South countries have often asserted that Bilateral Investment Treaties (BITs) ensnare them, culminating in manifestations of neocolonialism, where their populations endure poverty while foreign corporations profit from their vast...
Rockhopper v. Italy and the Tension between ISDS and Climate Policy
On 23 August 2022, a Tribunal constituted under the auspices of the Energy Charter Treaty (ECT) handed down a long-awaited Award in the case of Rockhopper v. Italy. The investor’s...