A “fundamental” change “must be an been the lack of coordinated action or approaches objective change in the factual circumstances relat- between States.51 Despite a growing consensus on ing to the treaty and its operation, and not merely a the need for reform, current reform processes are subjective change in the attitude towards the treaty fragmented, leading to different approaches and of the p. [...] In the case of IIAs, survival clauses investment protection obligations, as doing so now ensure the continued protection of investments comes at the expense of taking measures known to be made before the termination of or withdrawal from necessary to protect human life and the environment the IIA for a given period. [...] Finally, the relevant IIA is silent on the law governing the the investment tribunal must also assess whether the dispute.138 Furthermore, Article 42 of the ICSID transactions that give rise to the claim qualify as a Convention instructs tribunals to decide disputes in covered investment in the territory of the host State accordance with “rules of international law as may be and whether the impugn. [...] There is cess of any such claim or defenses against it will vary a strong case to be made not only that losses stem based on the specific timing of the investment and from a variety of causes, but also that fossil fuel assets, the impugned State action, as well as the conclusion far from being a source of profit in the future, risk of the IIA. [...] This (ii) providing legal and technical analyses; (iii) contribution elucidates the relevance and impact of increasing the visibility and accessibility of disputes investment disputes beyond the narrow confines of to the public; or (iv) by submitting non-disputing the applicable agreement and the investor’s economic parties (NDP) submissions.
- Pages
- 37
- Published in
- Switzerland
