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The document introduces investor-state dispute settlement (ISDS) as a mechanism allowing foreign investors to bring claims against host states before international tribunals. It highlights that the mining sector is one of the most frequent targets of such claims, which can result in large monetary awards and delay regulatory reforms. The brief details how consent for ISDS is established through investment treaties, domestic laws, and contracts, and notes a growing trend of claims linked to the demand for critical minerals. It concludes with recommendations for governments to manage ISDS risks through inter-agency coordination, thorough documentation, and legal coherence.

The document examines how the Investor-State Dispute Settlement (ISDS) system enables foreign investors, particularly from the fossil fuel industry, to claim compensation from states for climate policies. It highlights the 'regulatory chill' effect, where the threat of costly awards—which have increased from an average of $25 million (1994-2003) to over $250 million (2014-2023)—deters governments from phasing out fossil fuels. The briefing references July 2025 advisory opinions from the International Court of Justice and the Inter-American Court of Human Rights to affirm state duties to regulate polluting conduct. It concludes that current reform efforts, including the EU and UK withdrawals from the Energy Charter Treaty (ECT), are insufficient due to sunset clauses and inadequate carve-outs, and recommends coordinated UN-level action to eliminate ISDS threats to climate and human rights obligations.