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Environmental Law

Columbia Law School

Sustainable development

2022

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International Investment Law And The Extractive Industries, Ella Merrill, Jesse Coleman, Lisa E. Sachs, Lise Johnson Sep 2022

International Investment Law And The Extractive Industries, Ella Merrill, Jesse Coleman, Lisa E. Sachs, Lise Johnson

Columbia Center on Sustainable Investment

As of April 2022, the United Nations Conference on Trade and Development (UNCTAD) tallied 3,218 international investment treaties, of which 2,558 are in force. Investors in extractive industries (the oil, gas, and mining sectors) have used investor-state dispute settlement (ISDS) mechanisms embedded in these treaties to challenge a wide range of host state actions and inactions that have allegedly negatively affected their investments. Those claims, and the threats thereof, restrict states’ ability to maximize the benefits, and their ability to limit environmental and social harms, resulting from the exploitation of natural resources. This briefing note provides an introduction to international …