investor-state disputes | ISDS


Polluter doesn’t pay: The Rockhopper v Italy award
The way in which the reasoning of the Rockhopper award expels any environmental considerations has the effect of making climate change interventions considerably more costly
Greta Thunberg’s arrest shows why we must abolish the Energy Charter Treaty
The treaty allows fossil fuel companies to sue governments for taking climate change action. It must go.
How Chinese companies are challenging national security decisions that could delay 5G network rollout
A relatively new strategy for China is to challenge national security decisions before international tribunals using a method called investor-state dispute settlement.
US government seeks to dismiss Keystone XL pipeline case, while taxpayers have already spent $250,000 to NAFTA arbitration tribunal
The State Department requested the $15 billion case be thrown out on jurisdictional grounds, as President Joe Biden revoked the permit for the pipeline on his first day in office, long after the US-Mexico Canada Agreement was in effect.
CAB urges energy ministry for not signing Energy Charter Treaty
The Consumers Association of Bangladesh (CAB) submitted a petition, signed by 25,720 persons, urging the energy ministry for not signing the Energy Charter Treaty as the signing of the treaty will affect the public interest and the nation's energy sector.
Hungarian oil giant MOL to sue Slovak government for windfall tax
MOL and its Slovak subsidiary Slovnaft are working on a lawsuit against the government for the new windfall tax which aims to raise funds to help with expensive energy for more affected industries and households.
The secretive legal weapon that fossil fuel interests use against climate-conscious countries
Investor-state dispute settlements increasingly allow oil and gas investors to sue countries over their climate policies.
Energy Charter Treaty: How it drove up the costs of the German coal phase-out
This briefing highlights the role the Energy Charter Treaty (ECT) has played in the German coal phase-out. It reveals that the ECT has influenced the coal phase-out in two important ways.
Revisiting the BITs of Bangladesh
Bangladesh as a capital importing country must tailor the four core provisions of BITs namely – fair and equitable treatment; expropriation; non-precluded measures; and monetary transfer provisions to safeguard its regulatory power as host state.