Counsel Lise Johnson spoke at a meeting of the Trade Policy Committee (Services & Investment) of the EU Council in France on April 29, 2022. The meeting was hosted by the Direction Générale du Trésor of France in connection with the French Presidency of the EU.
Ms. Johnson’s presentation surveyed how investment treaties may give rise to risks for climate mitigation and adaptation measures, and highlighted implications of some recent relevant ISDS decisions. She also explored the problems with using investment treaties to lock in “bad” (e.g., overly generous) incentives for “good” policy aims (e.g., renewable energy deployment), and outlined some actions governments could take to minimize tensions between climate policy and investment protection.
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