Brown Bag Seminar: “Investor-State Dispute Settlement (ISDS) and Climate Change: What happens next?”

Abstract

Climate change litigation is often viewed by companies as a risk. However, it is also an opportunity for companies exposed to certain climate-related government measures to vindicate their rights. An interesting possibility is the invocation of the Paris Agreement 2015 in investor-state arbitration.

Although, there have been numerous efforts to enforce the Paris Agreement before national courts, so far, no disputing party has invoked it in an investor-state arbitration. Environmental exception clauses, and direct references to the Paris Agreement still remain rare in international investment agreements, albeit with some exceptions.

As States are ramping up measures to mitigate greenhouse gas emissions, the Paris Agreement is expected to become even more important. However, it would probably only contribute as an extra layer of applicable law to an already-complex field. In the long term, the Paris Agreement could be used as an indirect source of law to interpret the substantive rights and obligations of the investor and the host State.

About the speaker

Aditi Pandey is a lawyer from India specializing in international trade law and policy. Aditi graduated from the Master of International Law and Economics (MILE) program at the World Trade Institute in 2019.  Currently she is pursuing PhD in international economic law from the University of Geneva. At the same time, she works as a PhD teaching assistant in international trade and environmental law at Università della Svizzera italiana (USI), Lugano. Aditi's research focuses on the interlinkages between international investment law and climate change. 

Aditi also works as an external consultant with the OECD Paris in the trade and services division. Previously, she has worked as a Senior Research Fellow at the Ministry of Commerce, Government of India,  where she advised the Govt of India on various cross-cutting international trade and policy matters. She has also worked on several projects with UNESCAP, Bangkok, Asian Trade Centre, Singapore and ITC, Geneva. 

Before coming to Switzerland, Aditi worked as a private lawyer for several years at the Delhi High Court and Supreme Court of India.

Apart from studying international law, Aditi enjoys hiking, camping and via ferrata on the weekends. 

We strongly encourage you to attend this event on-site. In case you cannot be present in person, you can use the following Zoom link to tune in virtually: https://us06web.zoom.us/j/86437116113?pwd=wes67rSou6AUXMeh7G5OhfEWyHPJk5.1