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- Publisher
- Kluwer Law International
- Copyright
- Copyright © 2022 Kluwer Law International BV, The Netherlands
- ISSN
- 0003-7877
- Publisher site
- See Article on Publisher Site
Abstract
This Article provides updates on the recent developments in investor-state mediation and sheds light on some of the efforts undertaken by several institutions to regulate and promote this amicable mode of dispute resolution. This development is particularly important in the light of climate change and the efforts being made by governments to reduce greenhouse gas (GHG) emissions in order to meet the long-term temperature goals established in the Paris Agreement. As states and private enterprise move forward to put in place sustainable energy systems and to eliminate fossil fuel emissions, this will lead to a seismic shift in the way we deal with energy production. This, in turn, will lead to disputes based on current investments and contractual commitments in heavy emitting industries. States, in particular, will be vulnerable to investment claims as they make changes to domestic energy policy and environmental regulations become more stringent over time. This article will seek to explore how mediation might be used as an effective mechanism to deal with these investor-state climate-related disputes.
Journal
"Arbitration: The Journal of International Arbitration, Meditation, and Dispute Management" – Kluwer Law International
Published: Aug 1, 2022