International Investor-State Disputes Arbitration Through Energy Justice Lenses: Opening the Case for “Greening Through Free Trade” Narratives

Résumé :

This chapter focuses on international investment arbitration through the lens of energy justice. It unfolds against the backdrop of a growing intersection between international trade, investments, and the urgent need for climate action. Recently, trade and investment agreements have included environmental provisions, but their effectiveness remains controversial. Concurrently, the energy and mining sectors account for a significant 40-50% of the disputes brought before the International Centre for Settlement of Investment Disputes each year. In this context, investor-state dispute settlement (ISDS) is a particularly controversial instrument and raises strong questions related to its influence on energy governance. The chapter underscores how energy justice can offer a E. Santoire (B)