Law Commons^™

International Investment Agreements: Impacts On Climate Change Policies In India, China And Beyond, Lise Johnson, Brooke Güven

Columbia Center on Sustainable Investment Staff Publications

Mitigating and adapting to climate change will require a fundamental reorientation of our global economy as we move away from fossil fuels and transition to a low carbon and climate-resilient world. This reorientation depends on government actions to help catalyze and channel financial flows in new directions and away from business-as-usual practices.

International investment agreements (IIAs) – treaties that now number over 3,000 and have the objective of promoting and protecting cross-border investment flows_could potentially play a key role in these efforts to scale up and (re)direct investments to meet climate change mitigation and adaptation needs. As presently drafted and …

A Bellwether To Korea's New Frontier In Investor-State Dispute Settlement?: The Moscow Convention And Lee Jong Baek V. Kyrgyz Republic, Joongi Kim

Pepperdine Dispute Resolution Law Journal

This article will first seek to provide an overview of the state of play of Korea’s ISDS regime. It will discuss the historic nature of the recent cases that have contributed to a critical mass of ISDS actions involving the Korean state as the respondent and Korean investors as claimants. The article will then provide analysis of the Moscow Convention with particular focus concerning its special provisions. After examining the Lee Jong Baek Award, it then explores the potential ramification of the recent cases to Korea’s ISDS policy. It suggests that these cases may represent a tipping point in Korea-related …

Transformations In Statehood, The Investor- State Regime, And The New Constitutionalism, A. Claire Cutler

Indiana Journal of Global Legal Studies

This paper examines the changing boundaries of statehood resulting from transformations in the nature and operation of public and private authority over local and global politico-legal orders. Transformations in the political purposes of states are being driven by powerful elites who advance a new form of constitutional governance. New constitutionalism, as evidenced by the investor-state regime, subordinates the interests, purposes, and rights of national citizens to those of foreign, transnational politico-legal, and economic elites. This regime is a highly privatized order that is expanding in influence, both in terms of the commercial activities under its remit, and in terms of …