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This briefing examines the impact of the International Court of Justice (ICJ) Advisory Opinion on the Obligations of States in Respect of Climate Change on international investment law, arguing that climate action is now a binding legal obligation that should inform the interpretation of investment treaties and investor-state dispute settlement (ISDS) claims.

This legal report by the Center for International Environmental Law (CIEL) analyzes the decision of an arbitral tribunal to deny an amicus curiae submission by CIEL and the Sociedad Cooperativa de Producción Pesquera Puerto Chale in the case of Odyssey Marine Exploration, Inc. v. United Mexican States. The report argues that the denial undermines the legitimacy of investor-State dispute settlement (ISDS) by ignoring public interests, environmental risks, and human rights impacts associated with the Don Diego deep-sea mining project.

This legal briefing by the Center for International Environmental Law (CIEL) analyzes the decision of an arbitral tribunal to deny an amicus curiae submission by CIEL and the Sociedad Cooperativa de Producción Pesquera Puerto Chale in the case of Odyssey Marine Exploration, Inc. v. United Mexican States. The briefing argues that the denial undermines the legitimacy of the investor-state dispute settlement (ISDS) system and ignores the significant environmental and human rights risks associated with the Don Diego seabed mining project.

This report documents an expert meeting held in Ottawa on June 13, 2018, hosted by the International Institute for Sustainable Development (IISD). The meeting brought together Canadian government officials, academics, and civil society representatives to discuss the reform of international investment law and the development of a progressive agenda for Canada, specifically regarding the revision of its Foreign Investment Promotion and Protection Agreement (FIPA) model.

This report analyzes the use of amicus curiae briefs by civil society organizations (CSOs) to introduce community perspectives into investor-state arbitration, focusing on the case of Pac Rim Cayman LLC vs. the Republic of El Salvador. It details how the Mesa Nacional Frente a la Minería Metálica de El Salvador (La Mesa), supported by the Center for International Environmental Law (CIEL) and the Fundación de Estudios para la Aplicación del Derecho (FESPAD), used legal tools to challenge the jurisdiction of the arbitration tribunal and highlight the democratic debate over metallic mining and sustainable development in El Salvador.

This briefing note by the International Institute for Sustainable Development examines the Vattenfall v. Germany II arbitration case, focusing on the lack of transparency regarding Germany's decision to phase out nuclear power and the resulting financial claims by Vattenfall.

This policy brief by the Center for International Environmental Law (CIEL) argues that Investor-State Dispute Settlement (ISDS) mechanisms act as a major legal and financial barrier to climate action. It contends that ISDS allows fossil fuel investors to sue governments for implementing climate regulations, creating a "chilling effect" that deters states from phasing out fossil fuels and aligning financial flows with the Paris Agreement.

This report by the Center for International Environmental Law (CIEL) argues that the investment provisions of the Korea-U.S. Free Trade Agreement (Korea FTA) grant foreign investors substantive rights exceeding those of U.S. investors, thereby violating the Trade Act of 2002. The author contends that new tests for indirect expropriation and the expansion of arbitral jurisdiction over contract rights threaten the ability of governments to regulate for public health, safety, and the environment.

This executive summary details an expert meeting held on June 13, 2018, in Ottawa, Canada, organized by the International Institute for Sustainable Development (IISD). The meeting brought together representatives from the Canadian government, academics, and civil society to discuss the reform of international investment law and the revision of Canada's model Foreign Investment Promotion and Protection Agreement (FIPA). The discussions focused on transitioning from a traditional investment protection model to one that promotes sustainable development and addresses the negative impacts of Investor-State Dispute Settlement (ISDS) mechanisms.