Contribution to OECD public consultation on investment treaties and climate change:

Simplifying the Pathway to 2030; an investment treaty exclusively for climate-related investment

Co-authors: Reg Fowler and Michael Putra

Summary

Climate change and the energy transition present a wicked problem, a multifaceted issue which cannot be addressed by a single solution, necessitating difficult trade-offs. Private investment in the energy transition is especially exposed to policy risk, and therefore deserves investment protection. Investment treaty reform and retrenchment create uncertainty. The authors propose a multilateral investment treaty which exclusively protects investments which qualify as contributing to the host state’s nationally determined contributions under the Paris Agreement (“NDCs”) in a publicly transparent manner. The investor will be protected against the impact of host state’s dilution or deferral of its NDC implementation plans, provided that the relevant investment is meeting its pre-agreed technical objectives. The purpose is to incentivise climate change related private investment as swiftly as possible, on “future proof” terms, without complicating negotiations by introducing measures to deter fossil fuel investment or resolve
longstanding debates on investor-state dispute settlement.

Full contribution can be accessed on page 103 from the following document:

https://www.oecd.org/investment/investment-policy/OECD-investment-treaties-climate-change-consultation-responses.pdf

This entry was posted in Business & Society, Climate Change, Energy. Bookmark the permalink.
  • Byline

    Michael is a professional leader in the fields of energy investments, complex commercial deals, and sustainability with extensive international experience. His personal interests span from socio-political issues, history, and culture.

  • From the Archives

    Growing Towards Another Crisis?

    The growth in Asia has been a phenomenon that can not be ignored. But with the growing body of research dedicated to the social implications of businesses as the main economic engine, it is crucial to assess Asian businesses in such perspective. Especially since the assertions made on Asian businesses are discomforting. The leading concept that entails the role of businesses to societal life is Corporate Social Responsibility (CSR). Is it still the case that the current growth in Asia not a sustainable one? Could Asia face another (social) crisis because of the behavior of Corporate Asia?