030238 SE Seminar in International Law: Investment Law & Climate Change (2025S)
for undergraduate and graduate students
Continuous assessment of course work
Labels
Registration/Deregistration
Note: The time of your registration within the registration period has no effect on the allocation of places (no first come, first served).
- Registration is open from Tu 11.02.2025 00:01 to Su 02.03.2025 23:59
- Deregistration possible until Th 20.03.2025 23:59
Details
max. 20 participants
Language: German, English
Lecturers
Classes (iCal) - next class is marked with N
- Thursday 20.03. 17:30 - 19:00 Seminarraum SEM64 Schottenbastei 10-16, Juridicum 6.OG (Kickoff Class)
- N Monday 02.06. 09:00 - 18:00 Seminarraum SEM51 Schottenbastei 10-16, Juridicum 5.OG
- Tuesday 03.06. 09:00 - 18:00 Seminarraum SEM51 Schottenbastei 10-16, Juridicum 5.OG
Information
Aims, contents and method of the course
This seminar explores the intersection of investment law and climate change, examining how international investment agreements and national regulations impact environmental sustainability and climate action. Participants will analyze key legal frameworks, including bilateral investment treaties (BITs) and the role of investor-state dispute settlement (ISDS) in shaping climate policies. The seminar will cover recent case studies where investment law has influenced climate initiatives, as well as the challenges and opportunities for aligning investment practices with climate goals. Through paper presentations and discussion students will gain a comprehensive understanding of how investment law can support or hinder efforts to combat climate change and explore potential reforms to foster sustainable investment practices.The seminar will provide students with a comprehensive understanding of the role investment law plays in either facilitating or obstructing climate action. Participants will engage with theoretical debates and practical legal developments, including treaty-based exceptions for environmental measures, evolving public interest clauses, and potential reforms aimed at reconciling investment law with global climate commitments and promoting sustainable investment.
Assessment and permitted materials
Seminar paper, presentation of the paper and participation in the discussion during the seminar sessions.
Minimum requirements and assessment criteria
Seminar paper consisting of 50,000 characters roughly 20 pages (70%), oral presentation of the paper and active participation during the seminar sessions (30%).
Examination topics
The topics of the seminar papers are discussed and assigned in the preliminary meeting.Topics
• Investor-State Dispute Settlement (ISDS) and Environmental Regulation: Balancing Investor Rights and Climate Goals.
• Green Investments and Investment Law: Encouraging Sustainable Practices through Legal Frameworks.
• Reforming Investment Treaties to Promote Climate Resilience.
• The Role of Multilateral Development Banks in Financing Climate Adaptation and Mitigation Projects.
• Climate Change as a Factor in Investment Arbitration: Recent Cases.
• The Impact of Climate Change on National Security and Foreign Investment Policies.
• Legal Mechanisms for Protecting Environmental Rights in the Context of Investment Law.
• The Concept of “Sustainable Development” in Investment Agreements.
• Treaty-based Exceptions, Public Interest clauses, and Evolving Treaty Language on Climate-related Disputes.
• The Modernization of The Energy Charter Treaty in the Era of Climate Change.
• Environmental, Social, and Governance (ESG) Standards and Investment Disputes (ESG Due Diligence Requirements for Investors under International Investment Agreements).
• Investor Liability for Climate-Related Damages and the Rise of Climate-related Counterclaims in
Investor-State Arbitration.
• Climate Change Litigation and the Future of Investment Arbitration: The Impact of Climate Lawsuits on Foreign Direct Investment and Investor Expectations and the Role of International Courts and Tribunals in Shaping Climate-Sensitive Investment Policies.
• The Legal Challenges of Just and Equitable Transition and Investor Rights: Legal Frameworks Supporting the Transition from Fossil Fuels to Renewable Energy and Disputes Involving Fossil Fuel Investors during Energy Transition Policies.
• Carbon Markets and Investment Law: Carbon Pricing Mechanisms (cap-and-trade, carbon taxes) and their Impact on Foreign Investment.
• Human Rights and Climate Change in Investment Arbitration: The Interplay Between Climate Litigation and Human Rights-Based Claims in Investment Disputes (e.g. Indigenous Environmental Rights in Investment Arbitration).
• Investor-State Dispute Settlement (ISDS) and Environmental Regulation: Balancing Investor Rights and Climate Goals.
• Green Investments and Investment Law: Encouraging Sustainable Practices through Legal Frameworks.
• Reforming Investment Treaties to Promote Climate Resilience.
• The Role of Multilateral Development Banks in Financing Climate Adaptation and Mitigation Projects.
• Climate Change as a Factor in Investment Arbitration: Recent Cases.
• The Impact of Climate Change on National Security and Foreign Investment Policies.
• Legal Mechanisms for Protecting Environmental Rights in the Context of Investment Law.
• The Concept of “Sustainable Development” in Investment Agreements.
• Treaty-based Exceptions, Public Interest clauses, and Evolving Treaty Language on Climate-related Disputes.
• The Modernization of The Energy Charter Treaty in the Era of Climate Change.
• Environmental, Social, and Governance (ESG) Standards and Investment Disputes (ESG Due Diligence Requirements for Investors under International Investment Agreements).
• Investor Liability for Climate-Related Damages and the Rise of Climate-related Counterclaims in
Investor-State Arbitration.
• Climate Change Litigation and the Future of Investment Arbitration: The Impact of Climate Lawsuits on Foreign Direct Investment and Investor Expectations and the Role of International Courts and Tribunals in Shaping Climate-Sensitive Investment Policies.
• The Legal Challenges of Just and Equitable Transition and Investor Rights: Legal Frameworks Supporting the Transition from Fossil Fuels to Renewable Energy and Disputes Involving Fossil Fuel Investors during Energy Transition Policies.
• Carbon Markets and Investment Law: Carbon Pricing Mechanisms (cap-and-trade, carbon taxes) and their Impact on Foreign Investment.
• Human Rights and Climate Change in Investment Arbitration: The Interplay Between Climate Litigation and Human Rights-Based Claims in Investment Disputes (e.g. Indigenous Environmental Rights in Investment Arbitration).
Reading list
Books• Marie-Claire Cordonier Segger, Markus W. Gehring and Andrew Newcombe (eds.), Sustainable Development in World Investment Law (Kluwer Law International B.V., 2010).
• Marie-Claire Cordonier Segger, Ted Gleason and Sean Stephenson (eds.), Research Handbook on Investment Law and Sustainable Development (Edward Elgar Publishing, forthcoming April 2025).
• Annette Magnusson and Anja Ipp, Investment Arbitration and Climate Change (Kluwer Law International B.V., 2023).
• Tomás Restrepo Rodríguez, Investment Treaty Law and Climate Change (Springer, 2024).
• Flavia Marisi, Environmental Interests in Investment Arbitration: Challenges and Directions (Kluwer Law International B.V., 2020).
• Kate Miles (ed.), Research Handbook on Environment and Investment Law, Research Handbooks in Environmental Law Series (Edward Elgar Publishing, 2019).
• Saverio Di Benedetto, International Investment Law and the Environment (Edward Elgar Publishing, 2013).
• Ige F. Dekker, Tineke Elisabeth Lambooy und Yulia Levashova (eds.), Bridging the Gap Between International Investment Law and the Environment (Eleven International Publishing, 2016).
• Jorge E. Viñuales, Foreign Investment and the Environment in International Law (Cambridge University Press, 2012).Journal Articles• Sandrine Maljean-Dubois, Hélène Ruiz Fabri and Stephan W. Schill, “International Investment Law and Climate Change”, Special Issue, The Journal of World Investment & Trade, Vol. 23(5-6), 2022, pp. 737-1026.
• Joshua Paine and Elizabeth Sheargold, “A Climate Change Carve-Out for Investment Treaties”, Journal of International Economic Law, Vol. 26(2), June 2023, pp. 285-304.
• Alessandra Asteriti, “Environmental Law in Investment Arbitration: Procedural Means of Incorporation”, The Journal of World Investment & Trade, Vol. 16(2), 24 March 2015, pp. 248-273.
• Gaurav Sharma, “Environmental Claims by States in Investment Treaty Arbitration”, European Investment Law and Arbitration Review, Vol. 5(1), January 2020, pp. 412-425.
• Xuan Shao, “Environmental and Human Rights Counterclaims in International Investment Arbitration: at the Crossroads of Domestic and International Law”, Journal of international economic law, Oxford University Press, Vol. 24(1), 2021, pp.157-179.
• Jean-Michel Marcoux, “The concept of sustainable development in investment arbitration: A disconnect from investment policymaking and international adjudication, Leiden Journal of International Law, Cambridge University Press online, 2025, pp. 1-26.
• Sondra Faccio, “Investment Contracts and the Reform of Investment Arbitration: Towards Sustainability”, ICSID Review - Foreign Investment Law Journal, Vol. 38(3), 2023, pp. 625-643.
• Thomas Granier, Jacob Grierson and Sacha Karsent, “Is Arbitration Helping or Hindering the Protection of the Environment and Public Health?”, Journal of International Arbitration, Vol. 38(3), 2021, pp. 327-344.
• Stuart Bruce, “The Rule of Law, Investment Arbitration and the Environment”, Investment Arbitration and the Environment, 2021, pp. 1-36.
• Mohamed F. Sweify, “Investment-Environment Disputes: Challenges and Proposals”, DePaul Business and Commercial Law Journal, Vol.14(2), 2015, pp. 133-208.
• Crina Baltag and Ylli Dautaj, “Investors, states, and arbitrators in the crosshairs of international investment law and environmental protection”, Brill Research Perspectives in International Investment Law and Arbitration, Vol. 3(1), 2020, pp. 1-77.
• Marie-Claire Cordonier Segger, Ted Gleason and Sean Stephenson (eds.), Research Handbook on Investment Law and Sustainable Development (Edward Elgar Publishing, forthcoming April 2025).
• Annette Magnusson and Anja Ipp, Investment Arbitration and Climate Change (Kluwer Law International B.V., 2023).
• Tomás Restrepo Rodríguez, Investment Treaty Law and Climate Change (Springer, 2024).
• Flavia Marisi, Environmental Interests in Investment Arbitration: Challenges and Directions (Kluwer Law International B.V., 2020).
• Kate Miles (ed.), Research Handbook on Environment and Investment Law, Research Handbooks in Environmental Law Series (Edward Elgar Publishing, 2019).
• Saverio Di Benedetto, International Investment Law and the Environment (Edward Elgar Publishing, 2013).
• Ige F. Dekker, Tineke Elisabeth Lambooy und Yulia Levashova (eds.), Bridging the Gap Between International Investment Law and the Environment (Eleven International Publishing, 2016).
• Jorge E. Viñuales, Foreign Investment and the Environment in International Law (Cambridge University Press, 2012).Journal Articles• Sandrine Maljean-Dubois, Hélène Ruiz Fabri and Stephan W. Schill, “International Investment Law and Climate Change”, Special Issue, The Journal of World Investment & Trade, Vol. 23(5-6), 2022, pp. 737-1026.
• Joshua Paine and Elizabeth Sheargold, “A Climate Change Carve-Out for Investment Treaties”, Journal of International Economic Law, Vol. 26(2), June 2023, pp. 285-304.
• Alessandra Asteriti, “Environmental Law in Investment Arbitration: Procedural Means of Incorporation”, The Journal of World Investment & Trade, Vol. 16(2), 24 March 2015, pp. 248-273.
• Gaurav Sharma, “Environmental Claims by States in Investment Treaty Arbitration”, European Investment Law and Arbitration Review, Vol. 5(1), January 2020, pp. 412-425.
• Xuan Shao, “Environmental and Human Rights Counterclaims in International Investment Arbitration: at the Crossroads of Domestic and International Law”, Journal of international economic law, Oxford University Press, Vol. 24(1), 2021, pp.157-179.
• Jean-Michel Marcoux, “The concept of sustainable development in investment arbitration: A disconnect from investment policymaking and international adjudication, Leiden Journal of International Law, Cambridge University Press online, 2025, pp. 1-26.
• Sondra Faccio, “Investment Contracts and the Reform of Investment Arbitration: Towards Sustainability”, ICSID Review - Foreign Investment Law Journal, Vol. 38(3), 2023, pp. 625-643.
• Thomas Granier, Jacob Grierson and Sacha Karsent, “Is Arbitration Helping or Hindering the Protection of the Environment and Public Health?”, Journal of International Arbitration, Vol. 38(3), 2021, pp. 327-344.
• Stuart Bruce, “The Rule of Law, Investment Arbitration and the Environment”, Investment Arbitration and the Environment, 2021, pp. 1-36.
• Mohamed F. Sweify, “Investment-Environment Disputes: Challenges and Proposals”, DePaul Business and Commercial Law Journal, Vol.14(2), 2015, pp. 133-208.
• Crina Baltag and Ylli Dautaj, “Investors, states, and arbitrators in the crosshairs of international investment law and environmental protection”, Brill Research Perspectives in International Investment Law and Arbitration, Vol. 3(1), 2020, pp. 1-77.
Association in the course directory
Last modified: Tu 11.02.2025 09:45