IISD | 8 March 2024
Investor–state dispute settlement and fossil fuels: What role for a carveout?
By Lukas Schaugg, Suzy H. Nikièma, Nathalie Bernasconi-Osterwalder
This week, the Organisation for Economic Co-operation and Development (OECD) hosted its 9th annual Investment Treaty Conference on “Supporting the Global Energy Transition: Methods to align investment treaties with the Paris Agreement.” Delegates discussed a carveout of climate change measures in investor–state dispute settlement (ISDS) as a central reform proposal. In this blog, IISD’s Lukas Schaugg, Suzy H. Nikièma, and Nathalie Bernasconi-Osterwalder assess the implications of this proposal for climate policy and for broader efforts to reform international investment governance.