Professor Petra Minnerop attended the 119th annual meeting of the American Society of International Law (ASIL) in Washington D.C, as a member of the ASIL's Task Force on Investor-State Dispute Settlement (ISDS) and Climate Change. The annual meeting officially launched the task force that brings together leading experts to analyse the substantive and procedural issues surrounding climate-related investment disputes.
The intersection of climate change and international investment law presents a complex challenge for the global legal community. As States adopt climate policies to meet international commitments and address the climate emergency, foreign investors who may be affected by those measures, can invoke protections under investment treaties. With States phasing out fossil fuels and incentivizing renewable energy, the likelihood of investment disputes arising from climate-related regulations is expected to grow.And yet, the legal questions surrounding Investor State Dispute Settlement (ISDS) and climate change remain largely unresolved. While investment tribunals have encountered environmental regulations in past disputes, tribunals have not comprehensively addressed the balance between investor protection and State climate obligations. Further, to-date no systematic effort has been made to clarify how international climate change obligations interact with investment treaty protections, including the impact of the framework relevant to climate change on the complex relationship between foreign investors and host States. At the same time, the global international legal landscape is evolving rapidly. The International Court of Justice (ICJ), the Inter-American Court of Human Rights (IACtHR), and the International Tribunal for the Law of the Sea (ITLOS) have been called upon to clarify State obligations concerning climate change. Their opinions may shape how international law is applied in investment disputes.In response to this evolving landscape, the American Society of International Law (ASIL) created the Task Force on Investor-State Dispute Settlement (ISDS) and Climate Change, chaired by Chiara Giorgetti, Mairée Uran Bidegain and Janet Whittaker. The Task Force brings together leading experts to analyze the substantive and procedural issues surrounding climate-related investment disputes.
Mission and Objectives
The evolving intersection of ISDS and climate law has significant implications for the broader international legal community, creating an imperative to develop clear and concrete guidelines. By leveraging insights from international law, arbitration practice, climate science, and economic frameworks, the Task Force aims to provide stakeholders—including States, investors, arbitrators, civil society, and legal practitioners—with practical tools and guidance to navigate ISDS cases involving climate measures, both in terms of substance and procedure.
The ASIL Task Force on ISDS and Climate Change is committed to:
The Task Force’s goal is to draft a Report addressing these issues to be presented at the 2027 ASIL Annual Meeting. The Task Force also aims to promote awareness among the ISDS community of the legal, scientific, and economic dimensions of climate change, as well as to engage in outreach with the ASIL and broader international law community on relevant issues.
Task Force Leadership and Members
The Task Force comprises a renowned and diverse group of legal practitioners, arbitrators, State representatives, academics, scientists, and civil society members committed to advancing the understanding of climate-related investment disputes.Members include:
Engagement and Next Steps
The Task Force provides a forum for meaningful engagement on the pressing issue of ISDS and climate change. By integrating insights from investment law, climate science, and broader international legal frameworks, the Task Force will serve as a pivotal resource for all stakeholders navigating the future of ISDS in a climate-impacted world.
The Task Force welcomes engagement from across the international legal community. Stakeholders are encouraged to participate in discussions, contribute expertise, and provide feedback on the Task Force´s work.
More information on ASIL
Contact Professor Petra Minnerop for more information.