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Carve-Outs – A Rescue To The Failing Paris Agreement


Abhimanyu Dharma, B.B.A LL.B. (Hons), O.P. Jindal Global University (Jindal Global Law School)


ABSTRACT


This paper examines international law tensions pertinent to climate action and investment protection. The Paris Agreement compels nations to take Nationally Determined Contributions (NDCs) while combatting climate change, but Investor-State Dispute Settlement (ISDS) often compromises efforts. Investors often sue states, especially oil and gas investors, for their climate policies under Bilateral Investment Treaties, invoking "regulatory chill" and financial burdens on host states. The paper argues that climate carve-outs in investment treaties should be adopted to protect States' space for regulation in climate action, looking at advantages in comparison to the general exception clause and potential risks.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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