4.2 Article

Climate change in international arbitration, the next big thing?

Journal

JOURNAL OF ENERGY & NATURAL RESOURCES LAW
Volume 40, Issue 2, Pages 203-224

Publisher

TAYLOR & FRANCIS LTD
DOI: 10.1080/02646811.2021.1959158

Keywords

climate change; environmental litigation; international arbitration; French climate litigation; environmental law; investment arbitration; environmental counterclaims; commercial arbitration

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This article discusses international arbitration as a potential forum for adjudicating climate change claims, with a focus on the rise of 'green' investment treaties. It highlights the increasing involvement of the legal profession in collaborative efforts to address climate change issues. The trend is expected to globalize in the coming years, positioning international arbitration as an attractive mechanism for addressing these challenges and resolving climate change disputes.
This article considers international arbitration as a potential forum to adjudicate climate change claims, in the form of commercial and investment arbitrations, the latter sustained by the rise of so-called 'green' investment treaties. In doing so, it tracks the rise of domestic legislation and litigation surrounding climate change (using France as an example), to demonstrate how the legal profession has already joined the collaborative effort to address this era-defining issue. This trend is likely to continue and become more globalised in the coming years, positioning international arbitration as an attractive mechanism for better addressing these challenges and resolving climate change disputes.

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