Arbitrating climate change: Regulatory regimes and investor-state disputes

Abstract

Climate change already regularly features in the courts. The challenges created by climate change, and the domestic and international measures designed to mitigate its effects, are generating issues over which an array of disputes are occurring.2 They are manifesting in global-scale questions of climate change causation and liability.3 Matters of administrative law have been raised in the European Union concerning the scope of governance and authority in the determination of National Allocation Plans.4 Challenges to the operation of the EU Emissions Trading Scheme5 have been filed with the European Court of Justice.6 Inter-state non-compliance procedures have been established under the Kyoto Protocol.7 The potential for conflict between international trade