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This report by the International Institute for Sustainable Development provides policy-makers, particularly in developed countries, with tools and principles to mitigate the legal risks of investor-state arbitration when designing and implementing policies to phase out oil and gas production.

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  • The report proposes five specific principles for policy-makers to follow to mitigate the legal risks of investor-state arbitration: avoiding new licences, managing expectations, building broad authority, utilizing existing powers, and maintaining consistency.
  • The threat of investor-state arbitration acts as a barrier to fossil fuel phase-out policies, with some governments reporting that this risk has caused them to implement less ambitious policies.
  • Legal risks associated with investor-state arbitration vary based on the timing of government action and the stage of the production cycle; acting sooner increases the likelihood of meeting 1.5°C goals and reduces legal exposure, whereas postponing measures increases both legal risks and difficulty in aligning with Paris Agreement goals.

Cite the original document

APA
Nikièma,, L. S. U. M. H. (2025). A Legally Sound Oil and Gas Phase-Out. International Institute for Sustainable Development. https://www.iisd.org/publications/report/legally-sound-oil-gas-phase-out
Chicago
Nikièma,, Lukas Schaugg,Indira Urazova,Greg Muttitt,Suzy H. A Legally Sound Oil and Gas Phase-Out. International Institute for Sustainable Development, 2025. https://www.iisd.org/publications/report/legally-sound-oil-gas-phase-out.
Wikipedia
{{cite report |last1=Nikièma, |first1=Lukas Schaugg,Indira Urazova,Greg Muttitt,Suzy H. |title=A Legally Sound Oil and Gas Phase-Out |publisher=International Institute for Sustainable Development |date=9 April 2025 |url=https://www.iisd.org/publications/report/legally-sound-oil-gas-phase-out |access-date=17 August 2026 |via=Climate Insights Directory}}
BibTeX
@techreport{nikima2025legally, author = {Nikièma,, Lukas Schaugg,Indira Urazova,Greg Muttitt,Suzy H.}, title = {{A Legally Sound Oil and Gas Phase-Out}}, institution = {International Institute for Sustainable Development}, year = {2025}, month = apr, url = {https://www.iisd.org/publications/report/legally-sound-oil-gas-phase-out}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }

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