ClientEarth intervention at UNCITRAL WORKING III 38th session

ClientEarth warns that the current ISDS system may be used by fossil fuel companies to delay energy transition policies or shift stranded asset risks to taxpayers, creating a 'regulatory chill' that threatens the achievement of Paris Agreement temperature targets.

• ClientEarth asserts that ISDS may be exploited by fossil fuel companies to obstruct climate policies, delay the energy transition, or seek taxpayer-funded compensation for stranded assets.
• The threat of ISDS claims can lead to 'regulatory chill,' where governments hesitate to implement climate actions regardless of the eventual legal outcome, similar to how tobacco litigation affected packaging laws in New Zealand.
• To mitigate the risks of ISDS, ClientEarth suggests procedural reforms including changes to third party funding, damage calculations, the exhaustion of local remedies, and the use of counterclaims, while also recommending a move away from traditional investment treaties.

APA

ClientEarth (2019). ClientEarth intervention at UNCITRAL WORKING III 38th session. https://www.clientearth.org/media/4mqlylct/clientearth-intervention-at-uncitral-working-iii-38th-session-october-2019-vienna-ce-en.pdf

Chicago

ClientEarth. ClientEarth intervention at UNCITRAL WORKING III 38th session. 2019. https://www.clientearth.org/media/4mqlylct/clientearth-intervention-at-uncitral-working-iii-38th-session-october-2019-vienna-ce-en.pdf.

Wikipedia

{{cite press release |author=ClientEarth |title=ClientEarth intervention at UNCITRAL WORKING III 38th session |date=October 2019 |url=https://www.clientearth.org/media/4mqlylct/clientearth-intervention-at-uncitral-working-iii-38th-session-october-2019-vienna-ce-en.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@misc{clientearth2019clientearth, author = {{ClientEarth}}, title = {{ClientEarth intervention at UNCITRAL WORKING III 38th session}}, publisher = {ClientEarth}, year = {2019}, month = oct, url = {https://www.clientearth.org/media/4mqlylct/clientearth-intervention-at-uncitral-working-iii-38th-session-october-2019-vienna-ce-en.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }