Publicações

2024

An International Law Framework for Climate-Aligned Investment Governance (author). The working paper outlines a framework—and invites and hopes to inspire further thinking, research, and discussion—on how to bridge gaps and build cohesion among various areas of international law relevant to investment in climate mitigation and adaptation. The working paper identifies areas of international law that are or could be relevant to investment governance (human rights, labor, investment, trade, and intellectual property law), highlights points of inconsistency, and proposes a framework to reform and integrate international law with the objective of promoting and facilitating climate investment flows and achieving climate-aligned regulation of investment. Published by CCSI, January 2024.

2023

Can Existing International Agreements on ‘Investment Facilitation’ Advance Sustainable Development, Climate Action, and Human Rights? (author). Many governments are turning to bilateral, regional, and multilateral agreements on ‘investment facilitation,’ with measures aimed at making it easier for foreign investors to establish or expand investments and conduct their day-to-day business in host economies. Can these agreements stimulate sustainable investment, including in a just transition away from fossil fuels to renewable energy systems? The piece answers that question and elaborates on the need to pivot toward genuine facilitation measures that help lower-income host economies overcome real challenges and barriers to sustainable investment. Published by CCSI, November 2023.

Circularity in Mineral and Renewable Energy Value Chains: Overview of Technology, Policy, and Finance Aspects (co-author, with Perrine Toledano, Zheqi Li, Luciana Vazquez, and Jack Arnold). The report explores existing technology, policy, and finance conditions as well as reforms needed to enable global circularity in the mineral value chains of solar photovoltaic (PV) panels and wind turbines. It zeroes in on four key materials that are critical to solar and wind energy—aluminum, copper products, silicon, and steel—but many of its findings and conclusions are relevant and may be transferable to other energy transition value chains. Published by CCSI (full report and executive summary available in PDF), October 2023.

In the Race to Net Zero, Brazil Needs Less Net and More Zero (author). As Brazil seeks to play a leadership role in the global race to net zero, and given the country’s unique emissions profile, the piece explores what its climate policy package should look like to govern climate investment by the public and private sectors. Published by CCSI, September 2023.

Community Benefit Sharing and Renewable Energy and Green Hydrogen Projects: Policy Guidance for Governments (co-author, with Perrine Toledano, Chris Albin-Lackey, and Maria Diez Andres). The report offers high-level guidance to governments that seek to ramp up the development of renewable energy projects, including power generation and grid infrastructure. It emphasizes that governments need a strong and coherent policy approach addressing the rights, expectations, and perspectives of project-affected communities. Direct community benefits can be vital in ensuring communities are treated fairly, while simultaneously building support that can bolster project development. Published by CCSI, September 2023.

How Do We Dismantle Offshore Oil Structures Without Making the Public Pay? (co-author, with Martin Lockman). The blog post summarizes the two August 2023 reports on liability for decommissioning offshore oil and gas infrastructure published by CCSI and the Sabin Center for Climate Change Law. Published by the Columbia Climate School on State of the Planet, September 2023.

Decommissioning Offshore Oil and Gas Infrastructure in the Face of Climate Change and the Energy Transition (co-author, with Martin Lockman). The blog post summarizes the two August 2023 reports on liability for decommissioning offshore oil and gas infrastructure published by CCSI and the Sabin Center for Climate Change Law. Published by CCSI, August 2023.

Decommissioning Liability at the End of Offshore Oil and Gas: A Review of International Obligations, National Laws, and Contractual Approaches in Ten Jurisdictions (co-author, with Martin Lockman, Esteban F. Fresno Rodríguez, and José Luis Gallardo Torres). The report examines the laws, regulations, and contracts governing the allocation of liability during the decommissioning process of offshore oil and gas infrastructure in various countries. Published by CCSI and the Sabin Center for Climate Change Law, August 2023.

Provisions on Liability for Decommissioning of Upstream Offshore Oil and Gas Infrastructure in Investor–State Contracts (co-author, with Esteban F. Fresno Rodríguez, and José Luis Gallardo Torres). The report examines publicly available contracts governing the allocation of liability during the decommissioning process of offshore oil and gas infrastructure. Published by CCSI, August 2023.

Carajás Corridor in Brazil: Could an SEA Have Reconciled Shared-Use Infrastructure and Environmental Protection? (co-author, with Perrine Toledano). The chapter presents a case study on the 998-km Carajás railway corridor in Brazil. The shared use of the railway led to enormous economic development in a historically impoverished region, but also indirectly led to significant environmental degradation, particularly through deforestation in the areas adjacent to the corridor, as a result of large-scale farming and pig iron factories. The authors explore the complicated relationship between economic development and environmental risk and they consider whether a strategic environmental assessment (SEA) could have led to better environmental outcomes. The chapter is featured in “Impact Assessment for Corridors: From Infrastructure to Development Corridors,” a book compiling studies on impact assessment for large infrastructure projects, published by Development Corridors Partnership. Republished by CCSI, July 2023.

Transferred Emissions Are Still Emissions: Why Fossil Fuel Asset Sales Need Enhanced Transparency and Carbon Accounting (co-author, with Jack Arnold, Martin Lockman, Perrine Toledano, Shraman Sen, and Michael Burger). The report assesses the regulatory landscape governing the corporate disclosure of fossil fuel asset sales, outlines the scale of fossil fuel asset sales by the oil supermajors, and proposes regulatory reforms to enhance transparency around fossil fuel asset sales by oil and gas companies. The recommendations address known limitations of traditional corporate carbon footprinting approaches, close the gaps in corporate emissions disclosures frameworks and practices, and create incentives for oil and gas companies to redirect efforts towards real global emissions reductions, including through asset retirement. Published by CCSI and the Sabin Center for Climate Change Law, May 2023.

How Can States Best Fill the Vacuum of the Flawed Energy Charter Treaty? (author). To address the multifaceted challenge of building a global net-zero emission energy system, states need international cooperation tools—ranging from coordination mechanisms to soft-law guidance to international law principles to legally binding treaties—that are fit for the purposes of shaping and regulating climate-aligned energy investment, phasing out fossil energy investment, and ensuring a just transition away from fossil energy. Published by CCSI, March 2023.

2022

Scaling Investment in Renewable Energy Generation to Achieve Sustainable Development Goals 7 (Affordable and Clean Energy) and 13 (Climate Action) and the Paris Agreement: Roadblocks and Drivers (co-author, with Mithatcan Aydos, Perrine Toledano, Ladan Mehranvar, Theodoros Iliopoulos, and Sunayana Sasmal). The report identifies the main roadblocks to investment in renewables and provides actionable recommendations that developing countries should take to ensure access to affordable, reliable, sustainable, and modern energy for all, and to decarbonize their energy systems and economies, with a view to achieving the SDGs and the objectives of the Paris Agreement. Published by CCSI (full report and executive summary available in PDF), December 2022.

Why Zero-Carbon Energy Makes Economic Sense for Africa (co-author, with Perrine Toledano). African countries can greatly expand access to affordable electricity, create millions of jobs, and future-proof their economies by scaling up investments in renewable energy. This CCSI report lays out a roadmap to achieving these goals. Published by CCSI, November 2022.

Roadmap to Zero-Carbon Electrification of Africa by 2050: The Green Energy Transition and the Role of the Natural Resources Sector (Minerals, Fossil Fuels, and Land) (co-author, with Jeffrey D. Sachs and Perrine Toledano, Tehtena Mebratu-Tsegaye, Efosa Uwaifo, and Bryan Michael Sherrill). The report sets out a comprehensive and actionable roadmap for Africa’s zero-carbon energy transformation by 2050, with most advances achieved by 2030. Commissioned by and prepared for the African Natural Resources Management and Investment Centre, African Development Bank (AfDB). Published by CCSI, November 2022.

The Agreement in Principle on ECT “Modernization”: A Botched Reform Attempt that Undermines Climate Action. The renegotiated ECT does not rise to the mounting global challenges regarding energy investment, climate action, and sustainable development. The ECT reform process missed the mark in nature, scope, ambition, and speed to address the ECT’s risks for and negative impacts on the Sustainable Development Goals (SDGs), particularly SDG 13 (Climate Action), and Paris Agreement goals and commitments. The proposed ECT amendment would continue to make it difficult and costly for governments to adopt urgently needed climate policy. Withdrawing from the ECT and neutralizing the survival clause to the extent possible continues to be the best strategy. Published by Kluwer Arbitration blog and CCSI, October 2022.

International Investment Governance and Achieving a Just Zero-Carbon Future (co-author, with Ella Nora Merril and Lisa Sachs). A wholly new international investment regime designed with climate and other global goals in mind could be used as a tool to accelerate the investments needed to address the climate crisis and to facilitate international cooperation to achieve global climate and other development goals. Published by CCSI (PDF available in English and French), August 2022.

Integrating Climate Change, Decarbonization, and Just Transition Considerations into Extractive Industry Contracts (co-author with Perrine Toledano). This blog and three-page PDF summarizes the takeaways from two CCSI publications on embedding climate change considerations into investor–state mining contracts and includes links to other relevant publications. Published by CCSI. June 2022.

Allocation of Climate-Related Risks in Investor–State Mining Contracts (co-author, with Perrine Toledano and Cody Aceveda). Expands the analysis of the publication “Five Years After the Adoption of the Paris Agreement, Are Climate Change Considerations Reflected in Mining Contracts?,” listed below, this report examines risk allocation provisions that are commonly used or could be used in mining contracts and discussing how they should be drafted to clearly allocate the risks and impacts associated with the ever-worsening effects of climate change between states and mining companies. The paper covers the following risk allocation clauses (in addition to a note on the risks of investor–state dispute settlement, or ISDS): force majeure; liability and compensation or indemnification for climate-related risks; Insurance requirements; stabilization or change-in-law clauses; periodic review; warranties and representations; step-in rights; and termination. Published by CCSI (in PDF). June 2022.

Taking Equity into Account in International and Domestic Legal Frameworks on Compensation for Climate Change and the Energy Transition (author). The valuation of fossil fuel assets and the quantification of compensation amounts under investment treaties and arbitration, as well as under domestic compensation schemes, are hot economic and legal topics in the context of a changing climate, the energy transition, and the mounting risk of climate-related arbitrations by fossil fuel investors to complain against inherently disruptive yet urgent climate policy. Before considering compensation for fossil fuel investors, it is important to reflect on what compensation should mean, from an equity standpoint, in the context of climate change and the energy transition, and the role of international and domestic law in shaping what it means. Published by CCSI. May 2022.

Event Highlights: Compensation for a Just Energy Transition in International Investment Law and Domestic Law (co-author, with Ella Merrill and Jack Arnold). CCSI and the Sabin Center for Climate Change Law co-hosted a webinar focusing on legal approaches to compensation for a just energy transition. Achieving the goal set by the Paris Agreement to limit global warming to 1.5°C above pre-industrial levels will require incredible efforts on the part of states to rapidly shift away from fossil fuels and decarbonize the global energy system. The role played by international and domestic legal frameworks will of course play a significant role in these efforts. The event placed a special focus on international investment law, and its approach to investor compensation, for achieving a just energy transition that considers the distributional equity impacts on all stakeholders. This publication summarizes panelists’ interventions. Published by CCSI. May 2022.

Circular Economy: Mining Land Potential (co-author, with Max Lulavy and Perrine Toledano). The map prepared by CCSI is intended to be used by companies, researchers, academics, civil society, and government officials as a general guide and visualization tool for post-mining land-use potentials. Innovative land uses can turn mine land, which has historically been a liability, into an asset, generate economic opportunities, contribute to sustainable development, and enable progress towards a net-zero economy while avoiding detrimental damage of critical natural resources and habitats. Behind each concept in the visualization tool is a hyperlink to a study, article, video, podcast, or other example evidencing the viability of the post-mining land-use practice. Published by CCSI (in PDF). April 2022.

Climate Action Needs Investment Governance, Not Investment Protection and Arbitration: Response by the Columbia Center on Sustainable Investment to the Organisation for Economic Co-operation and Development’s (OECD) Public Consultation on Investment Treaties and Climate Change (lead author, on behalf of CCSI). Based on the blog listed immediately below, this CCSI submission advances the argument that, for international investment law to support climate goals, we need a wholly new regime for investment governance, not investment protection and arbitration. Published by CCSI (March 2022) and the OECD (April 2022).

Climate Action Needs Investment Governance, Not Investment Protection and Arbitration (author). Existing investment treaties do not and cannot advance climate goals. There is a fundamental misalignment between the existing international investment regime—including its centerpiece: investor–state arbitration—and the actions needed to meet the objectives of the international climate regime and avoid catastrophic climate change. For international investment law to support climate goals, we need a wholly new regime for investment governance, not investment protection and arbitration. Published by CCSI. March 2022.

SEC’s Mandatory Climate-Related Disclosures Highlight Need to Harmonize Carbon Accounting Methods (member of the institutional author, the Coalition on Materials Emissions Transparency, COMET). On March 21, 2022, the U.S. Securities and Exchange Commission (SEC) proposed rules on mandatory climate-related disclosures by companies, including information about climate-related risks that may impact their business, results, or operations, certain climate-related financial statement metrics, and companies’ greenhouse gas (GHG) emissions. Investors and other stakeholders need companies to disclose climate-related information, including on their GHG emissions, in order to understand and assess their risk management and climate mitigation commitments and plans, and accordingly to make informed investment decisions. The SEC’s proposed rules on mandatory climate disclosures are the first step in the right direction. To ensure that disclosures achieve the SEC’s goal of generating “consistent, comparable, and decision-useful” GHG data, the next step will be to harmonize GHG accounting methods. Published by CCSI. March 2022.

How Much Have the Oil Supermajors Contributed to Climate Change? The Carbon Footprint of the Oil Refining and Petroleum Products Sales Sectors (co-author, with Jiarui Chen and Perrine Toledano). Understanding the carbon footprint of countries and companies along the oil value chain is fundamental to outlining paths to reduced reliance on fossil fuels. Adopting a supply-chain approach, CCSI has estimated the global carbon footprint of the oil refining and petroleum sales sectors from 1980 to 2019 for the 83 countries that jointly accounted for 93% of the global crude oil refining throughput in 2015. The CCSI report also assesses the life-cycle greenhouse gas emissions from the oil refining and petroleum products sales businesses of the “Oil Supermajors”—BP, Chevron, Eni, ExxonMobil, Shell, and TotalEnergies. CCSI’s analysis also attests to the lack of a reliable dataset and a harmonized carbon accounting method that would allow comparisons across countries and companies. Full Report, Summary, Infogram, and other materials published by CCSI. March 2022.

2021

Event Highlights: Carbon Border Adjustments in the EU, the U.S., and Beyond (lead author, with Jack Arnold, Elena Klonsky, and Fanny Everard). The European Union (EU)’s proposed Carbon Border Adjustment Mechanism (CBAM) would impose a carbon price on EU imports to address concerns about competitiveness and carbon leakage. It tends to prompt reactions in developing as well as developed countries, whether by enacting similar unilateral measures or initiating disputes at the World Trade Organization (WTO) to challenge its compatibility with international trade rules. Its creation also stresses the need for a harmonized carbon accounting methodology to measure the carbon footprint of traded materials and products. CCSI and partners co-hosted an interactive expert panel on economic, legal, political, and carbon accounting aspects of the EU CBAM and similar mechanisms that may be created elsewhere to combat the climate emergency. Published by CCSI (also in PDF). December 2021.

Investment Governance in Africa to Support Climate Resilience and Decarbonization (lead author, with Brenda Akankunda). Alongside preparing for climate change, Africa should invest in the zero-carbon future, avoiding locking itself into the declining fossil fuel–based economy while taking advantage of the opportunities presented by decarbonization. However, investment treaties and investor–state dispute settlement (ISDS) hinder, rather than catalyze, the transition to climate-friendly investment opportunities. The piece explores the effects of investment treaties on climate action by looking at the Energy Charter Treaty (ECT), extrapolates these lessons to other treaties, and concludes with ideas for climate-aligned investment governance. Originally published by Aftonomicslaw.org. Republished by CCSI (also in PDF) and Bilaterals.org. December 2021.

Advocates Say ISDS Is Necessary Because Domestic Courts Are “Inadequate,” But Claims and Decisions Don’t Reveal Systemic Failings (co-author, with Maria Rocha and Tehtena Mebratu-Tsegaye). Proponents of investor–state dispute settlement (ISDS) argue that it is necessary because domestic courts are inefficient, slow, biased, corrupt, and lacking in international law expertise, especially in developing countries. As one insight to analyze the “inadequate courts” argument, this piece examines treaty-based ISDS cases in which investors complained of domestic court proceedings or decisions. In the relatively small number of such ISDS cases, investors were mostly unsuccessful, with arbitral tribunals finding that there were few (if any) deficiencies in domestic courts. Foreign investors are using ISDS to challenge domestic court proceedings and decisions even when there is no compelling evidence of bias, corruption, or other intentional or negligent misconduct by the courts. This fuels criticism that ISDS undermines the role of domestic courts, weakens them over the long term, and creates parallel and unequal systems of law, undermining the rule of law. Published by CCSI (also in PDF). November 2021.

Decarbonization Pathways for Paraguay’s Energy Sector (member of the CCSI team, one of the institutional co-authors). The report presents recommendations for Paraguay to reduce greenhouse gas emissions through economy-wide zero-carbon electrification, massive energy efficiency gains, behavioral changes, and institutional reforms in four energy-use sectors (electricity, buildings, biomass, and transport). Available in English and Spanish (Evaluación y Planificación del Sector Energético del Paraguay: Vías de Descarbonización). Published by CCSI. November 2021.

Carbon Accounting by Public and Private Financial Institutions: Can We Be Sure Climate Finance Is Leading to Emissions Reductions? (co-author, with Emily Spittle). As reporting greenhouse gas emissions becomes mandatory in the financial sector, the methods by which emissions are calculated will grow in importance for their impact on the resulting metric. Progress is underway in both the public and private financial sectors to embed emissions accounting standards, but there is still a long way to go to make them universal and harmonized. This report addresses key developments that both multilateral development banks (MDBs)—major actors in public climate finance—and private financial institutions have made toward adopting and harmonizing methodologies for calculating financed emissions. Published by CCSI. August 2021.

Comparison Between the IPCC Reporting Framework and Country Practice (co-author, with Jiarui Chen). The study examines national greenhouse gas (GHG) inventories prepared by Australia, China, Germany, Japan, and the United States. It highlights how the inventories of different countries—though following the Intergovernmental Panel on Climate Change (IPCC) Guidelines for National Greenhouse Gas Inventories—reflect different choices of GHG accounting methodologies and approaches, emission factors, and categories and gases reported. These choices, allowed under the IPCC Guidelines, result in significant differences in reported GHG emissions, reinforcing the case for harmonizing GHG accounting methods. Published by CCSI. July 2021.

Five Years After the Adoption of the Paris Agreement, Are Climate Change Considerations Reflected in Mining Contracts? (co-author, with Tehtena Mebratu-Tsegaye, Perrine Toledano, and Mara Greenberg). While domestic laws are the ideal legal instrument to regulate the mining sector’s contribution to climate change mitigation and adaptation, governments may still consider updating model mining development agreements or negotiating climate-related contractual provisions. The paper explores whether governments are using, and how they can use, investor–state mining contracts to advance climate goals. It presents findings and recommendations for six categories of provisions: integrating renewable energy into mining products, reducing deforestation, requiring a climate risk assessment and community vulnerability assessment, regulating water use, requiring tailings dam design justifications, and integrating climate risks into closure plans. Published by CCSI. July 2021.

U.S. Climate Leadership Must Reject ISDS: As the United States Faces Another $15 Billion Suit from the Fossil Fuel Industry, It’s Time for President Biden to Take a Decisive Stance (co-author, with Ella Merrill). As illustrated by the US$ 15 billion compensation claim filed by Canadian company TC Energy against the United States relating to the Keystone XL pipeline, international arbitration challenges against urgent measures necessary to respond to the climate crisis underscore how ISDS undermines global climate goals. The authors argue why President Biden should reject ISDS in all future U.S. treaties as well as remove it from existing ones, signaling his firm commitment to ending the growing threat of ISDS to crucial climate action policy, and to placing climate at the heart of trade policy. Published by CCSI. July 2021.

Mining for a Carbon-Neutral, Inclusive, and Sustainable Future (co-author, with Lisa Sachs and Antonio Pedro). The blog explores how to ensure that a healthy extractives industry delivers on the Sustainable Development Goals (SDGs). Published by SDSN. June 2021.

The Case for a Climate-Smart Update of the Africa Mining Vision (co-author, with Perrine Toledano, Karan Bhuwalka, and Kojo Busia). The AMV provides guidance for the industrialization of African countries by leveraging their mining sector. However, it does not include guidance on how governments should embrace the climate change agenda. The localization of global value chains induced by rising carbon costs can represent an opportunity for better and further industrialization, deeper linkages, and sustainable development. Published by CCSI and UNIDO.org’s Industrial Analytics Platform. April 2021.

Remuneration of International Adjudicators. The remuneration of adjudicators is an important factor in ensuring their independence and impartiality and allowing them “to perform their functions in the best possible conditions” (Institut de Droit International). This entry provides a detailed comparative account and a critical assessment of the systems of remuneration of international adjudicators. Published in Max Planck Encyclopedia of International Procedural Law (MPEiPro) by Oxford University Press. Last updated April 2021.

Should the European Union Fix, Leave or Kill the Energy Charter Treaty? The special protections under international law that the Energy Charter Treaty (ECT) gives to fossil fuel investors and their investments go in the opposite direction of what is needed for the world to decarbonize its energy matrix and fight the climate emergency. In this article, CCSI’s Martin Dietrich Brauch discusses the efforts to reform the treaty, explains why terminating it would be a better idea, and recommends withdrawing from it and neutralizing its survival clause as a second-best strategy. Published by Blog droit européen, CCSI, and the Earth Institute’s State of the Planet. Available in PDF in English and Spanish. February 2021.

Nigeria’s Petroleum Industry Bill: A Missed Opportunity to Prepare for the Zero-Carbon Future (co-author, with Solina Kennedy, Perrine Toledano, and Tehtena Mebratu-Tsegaye). Nigeria’s proposed Petroleum Industry Bill gave the country a unique opportunity to rethink the role of the oil and gas industry and build out the country’s energy sector and economic capacity for the long term. Complementing the report on Equipping the Nigerian National Petroleum Corporation for the Low-Carbon Transition, the blog provides a brief analysis of the bill, highlighting laudable steps while identifying gaps and outlining recommendations for Nigeria to prepare for and seize the opportunity of the energy transition. The blog was featured in the newspaper The Guardian Nigeria. Published by CCSI. January 2021.

2020

The COMET Framework: Greenhouse Gas Data Transparency to Enable the Success of EU Climate Policy (co-author, with Solina Kennedy). This two-pager discusses how creating a harmonized greenhouse gas (GHG) calculation framework applicable to all mineral and industrial supply chains will support climate policy goals of the European Union. Available in PDF. November 2020.

Civil Society and International Investment Arbitration: Tracing the Evolution of Concern (co-author, with Nathalie Bernasconi and Howard Mann). Book chapter published in The Oxford Handbook of International Arbitration, edited by Thomas Schultz and Federico Ortino. Published by Oxford University Press. November 2020.

Shared-Use Infrastructure Along the World’s Largest Iron Ore Operation: Lessons Learned from the Carajás Corridor (co-author, with Nicolas Maennling, Perrine Toledano, Edgar Santos Monteiro, and Felipe Botelho Tavares). The Carajás railway corridor connects the world’s largest iron ore mine, operated by mining company Vale in Brazil’s Amazon region, to the company’s maritime terminal. Carajás is one of the few integrated railway corridors financed by a mining company that, apart from transporting the iron ore that made the investment viable, also transports general cargo and operates passenger services. Besides the shared-use or open-access arrangement along the railroad, third parties also benefit from Vale’s investments in port, airport, and information and communications technology (ICT) infrastructure. This study provides insights into the logistics and institutional setup of the Carajás corridor and lessons learned for other countries seeking to implement a similar shared-use approach. It also provides insights into the benefits and costs related to the corridor, as well as opportunities to increase the development benefits resulting from its shared use. Full report and executive summary available in PDF. October 2020.

Reforming International Investment Law for Climate Change Goals (author). In this chapter, I discuss the implementation of two main policy options for climate-oriented reform of international investment law—termination of climate-unfriendly investment treaties and negotiation of climate-friendly ones—at various governance levels, ranging from unilateral to multilateral action. This is a draft chapter. The final version will be available in Research Handbook on Climate Finance and Investment Law, edited by Michael Mehling and Harro van Asselt, forthcoming 2020/2021, Edward Elgar Publishing Ltd. The material cannot be used for any other purpose without further permission of the publisher, and is for private use only. Pre-print published by Columbia University Academic Commons. September 2020.

Equipping the Nigerian National Petroleum Corporation for the Low-Carbon Transition How Are Other National Oil Companies Adapting? (co-author, with Perrine Toledano, Tehtena Mebratu-Tsegaye, and Francisco Javier Pardinas Favela). The oil, climate, and COVID-19 crises provide a unique opportunity and political momentum for the Nigerian government and legislature to reconsider NNPC’s role in the context of the energy transition and implement profound reform of the company. Full paper, summary, and slide deck available in PDF. Published by CCSI. September 2020.

Don’t Throw Caution to the Wind: In the Green Energy Transition, Not All Critical Minerals Will Be Goldmines (co-author, with Perrine Toledano, Solina Kennedy, and Howard Mann). Governments, international actors, and mining advocates seeking to optimize the value of green energy mineral reserve should heed caution when pursuing and promoting the mining of critical minerals. We provide specific recommendations in the paper. Full paper and summary available in PDF. Published by CCSI. May 2020.

The Best of Two Worlds? The Brazil–India Investment Cooperation and Facilitation Treaty (author). Published in Investment Treaty News Quarterly (ITN), Volume 11, Issue 1. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish. March 2020.

Investment Treaty News (ITN), Volume 11, Issue 1, March 2020 (editor-in-chief). IISD’s flagship journal on international investment law and policy. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish.

Investment Facilitation: History and the latest developments in the structured discussions (co-author, with Sofia Baliño and Rashmi Jose). The brief outlines the history and developments of investment-related discussions in the World Trade Organization (WTO) context, looking specifically at investment facilitation at the WTO as well as in other forums and contexts. Available in PDF in English and French. Published by IISD. January 2020.

2019

Investment Treaty News (ITN), Volume 10, Issue 5, December 2019 (editor-in-chief). IISD’s flagship journal on international investment law and policy. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish.

Modernizing the Energy Charter Treaty: A make-or-break moment for sustainable, climate-friendly energy policy (author). The stated goal of the Energy Charter Treaty (ECT) is to foster cooperation in the energy sector, but it’s creating more problems than it’s solving. In investor–state dispute settlement (ISDS)—the controversial regime allowing foreign corporations to sue sovereign states on investment-related matters—ironies do occasionally occur. Sometimes they’re bitter. Sometimes they’re carbon-intensive. Sometimes they’re radioactive. Published by IISD, November 2019.

Investment Treaty News (ITN), Volume 10, Issue 4, Special Edition: International Investment Governance, October 2019 (editor-in-chief). IISD’s flagship journal on international investment law and policy. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish.

Toward a Code of Conduct for Investment Adjudicators: Can ethical standards salvage ISDS? (book review; author). Published in Investment Treaty News (ITN), Volume 10, Issue 3. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish. September 2019.

Investment Treaty News (ITN), Volume 10, Issue 3, September 2019 (editor-in-chief). IISD’s flagship journal on international investment law and policy. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish.

Investment Facilitation for Sustainable Development: Getting it right for developing countries (co-author with Howard Mann). The push for WTO negotiations leading to binding rules on investment facilitation is taking place without empirical analysis and without attention to developing country needs in facilitating investment for sustainable development. Investment-facilitation work belongs not in the WTO, but in organizations that focus on research, best practice and capacity building. Published in Columbia FDI Perspectives, No. 259. Also available at Madhyam and IISD.

Investment Treaty News (ITN), Volume 10, Issue 2, June 2019 (editor-in-chief). IISD’s flagship journal on international investment law and policy. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish.

Investment Treaty News (ITN), Volume 10, Issue 1, April 2019 (editor-in-chief). IISD’s flagship journal on international investment law and policy. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish.

Summary Comments to the Proposals for Amendment of the ICSID Arbitration Rules (author, with Nathalie Bernasconi-Osterwalder and Sarah Brewin). This commentary focuses on select aspects of the ICSID Secretariat’s March 15, 2019 draft proposals for amendment of the ICSID Arbitration Rules. Published by IISD, April 2019.

Investor–State Dispute Settlement Reform Talks Resume at UNCITRAL (co-author with Nathalie Bernasconi-Osterwalder and Sofía Baliño). March 2019.

Redesigning the Energy Charter Treaty to Advance the Low-Carbon Transition (co-author with Nathalie Bernasconi-Osterwalder), published in Transnational Dispute Management (TDM) 1 (2019). Also available at SSRN and IISD. February 2019.

SADC-IISD Investment Facilitation Workshop (co-author with Howard Mann and Nathalie Bernasconi-Osterwalder). Workshop report of the first meeting on the issue of investment facilitation held at the SADC regional level. February 2009.

Treaty on Sustainable Investment for Climate Change Mitigation and Adaptation: Aligning International Investment Law with the Urgent Need for Climate Change Action (lead author, with Yanick Touchette, Aaron Cosbey, Ivetta Gerasimchuk, Lourdes Sanchez, Nathalie Bernasconi-Osterwalder, Maria Bisila Torao Garcia, Temur Potaskaevi, and Erica Petrofsky). Published in Journal of International Arbitration, volume 36, issue 1, pp. 7–35. 2019, January 2019.

2018

Multilateral ISDS Reform Is Desirable: What happened at the UNCITRAL meeting in Vienna and how to prepare for April 2019 in New York (author). Published in Investment Treaty News Quarterly (ITN), Volume 9, Issue 4. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish. December 2018.

Investment Treaty News (ITN), Volume 9, Issue 4, December 2018 (editor-in-chief). IISD’s flagship journal on international investment law and policy. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish.

Reply to Public Consultation on Canada’s International Investment Agreements (FIPAs) (co-author with Nathalie-Bernasconi-Osterwalder and Joe Zhang). The Canadian government launched a public consultation on Canada’s foreign investment promotion and protection agreements (FIPAs) on August 14, 2018. This commentary outlines IISD’s reply. November 2018.

Investment Treaty News (ITN), Volume 9, Issue 3, October 2018 (editor-in-chief). IISD’s flagship journal on international investment law and policy from a sustainable development perspective. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish.

International Investment Law and Sustainable Development: Key cases from the 2010s (co-editor with Nathalie Bernasconi-Osterwalder). This e-book features 10 summaries and analyses of decisions rendered between 2011 and 2018 by arbitral tribunals in treaty-based investor–state arbitration cases having sustainable development implications. October 2018.

Tackling Climate Change Through Sustainable Investment: All in a Treaty? (author). Published in IISD’s SDG Knowledge Hub. August 2018.

Treaty on Sustainable Investment for Climate Change Mitigation and Adaptation (lead author and captain of the team The Creative Disrupters). The treaty was one of the winners of the 2018 Stockholm Treaty Lab prize, offered by the Stockholm Chamber of Commerce. The argumentation on how the model treaty meets the criteria of the competition is also available. July 2018.

Investment Treaty News (ITN), Volume 9, Issue 2, July 2018 (editor-in-chief). IISD’s flagship journal on international investment law and policy from a sustainable development perspective. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish.

Developing a Progressive Agenda for Reform of International Investment Law: Canadian perspectives (author). This report presents the ideas posited by various Canadian stakeholders in an IISD expert meeting on a progressive agenda on investment, held in Ottawa, Canada, June 13, 2018. Executive summary also available in French: Élaborer un ordre du jour progressiste pour la réforme du droit des investissements internationaux : points de vie du Canada.

Investment Treaty News (ITN), Volume 9, Issue 1, April 2018 (editor-in-chief). IISD’s flagship journal on international investment law and policy from a sustainable development perspective. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish.

2017

Investment Treaty News Quarterly (ITN), Volume 8, Issue 4, December 2017 (editor-in-chief). IISD’s flagship journal on international investment law and policy from a sustainable development perspective. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish.

A Risky Tango? Investment facilitation and the WTO Ministerial Conference in Buenos Aires (author). Investment facilitation—if structured right—could reshape global investment law frameworks for the better. However, this solution-oriented cooperative approach is not well-suited for the WTO. December 2017.

Contracts for Sustainable Infrastructure: Ensuring the economic, social and environmental co-benefits of infrastructure investment projects (author). This report defines sustainable infrastructure, outlines its expected characteristics and co-benefits, and presents why governments must and how they can integrate sustainability into public–private partnerships (PPP) and other infrastructure contracts. December 2017.

Is “Moonlighting” a Problem? The role of ICJ judges in ISDS (co-author, with Nathalie Bernasconi). Sitting judges of the International Court of Justice (ICJ) have worked as arbitrators in at least 90 investor–state dispute settlement cases. This commentary presents new data and examines the implications. November 2017.

Investment Treaty News Quarterly (ITN), Volume 8, Issue 3, September 2017 (editor-in-chief). IISD’s flagship journal on international investment law and policy from a sustainable development perspective. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish.

Investment-Related Dispute Settlement: Lessons from international accountability mechanisms (co-author, with Nathalie Bernasconi & Joe Zhang). Investment-Related Dispute Settlement: Results of an Expert Meeting held in Washington, D.C., April 11, 2017. July 2017.

Investment Treaty News Quarterly (ITN), Volume 8, Issue 2, June 2017 (editor-in-chief). IISD’s flagship journal on international investment law and policy from a sustainable development perspective. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish.

Pac Rim v. El Salvador: all claims dismissed; OceanaGold to pay US$8 million in costs (author). Published in Investment Treaty News Quarterly (ITN), Volume 8, Issue 1. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish. March 2017.

Investment Treaty News Quarterly (ITN), Volume 8, Issue 1, March 2017 (editor-in-chief). IISD’s flagship journal on international investment law and policy from a sustainable development perspective. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish.

IISD Best Practices Series: Exhaustion of Local Remedies in International Investment Law (author). Part of IISD’s Best Practices Series, this advisory bulletin reviews state-of-the-art options and approaches to the exhaustion of local remedies requirement in international investment law. Also available in French: Série bonnes pratiques de l’IISD : L’épuisement des voies de recours internet en droit international de l’investissement. January 2017.

2016

Brazil’s Cooperation and Investment Facilitation Agreements with Mozambique, Angola, and Mexico: A Comparative Overview (author). Published in e-book “Rethinking Bilateral Investment Treaties: Critical Issues and Policy Choices,” edited by Kavaljit Singh & Burghard Ilge, p. 141–154.

Investment Treaty News Quarterly (ITN), Volume 7, Issue 4, December 2016 (editor-in-chief). IISD’s flagship journal on international investment law and policy from a sustainable development perspective. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish.

Mining a Mirage? Reassessing the shared-value paradigm in light of the technological advances in the mining sector (co-author with Aaron Cosbey, Howard Mann, Nicolas Maennling, Perrine Toledano & Jeff Geipel). This report uses real-world mining data to estimate the impacts of new technologies on employment and employment-related procurement, which drive major benefits in host countries. October 2016.

Investment-Related Dispute Settlement: Towards an inclusive multilateral approach (co-author, with Nathalie Bernasconi & Joe Zhang). This document outlines results from an IISD expert meeting discussing investment-related dispute settledment which was held in Montreux, Switzerland, May 23–24, 2016. October 2016.

Venezuela ordered to pay US$1.202 billion plus interest to Canadian mining company Crystallex for FET breach and expropriation (author). Published in Investment Treaty News Quarterly (ITN), Volume 7, Issue 3. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish. August 2016.

Philip Morris v. Uruguay: all claims dismissed; Uruguay to receive US$7 million reimbursement (author). Published in Investment Treaty News Quarterly (ITN), Volume 7, Issue 3. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish. August 2016.

Investment Treaty News Quarterly (ITN), Volume 7, Issue 3, August 2016. IISD’s flagship journal on international investment law and policy from a sustainable development perspective. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish.

The only known investment treaty arbitration against Equatorial Guinea fails on jurisdictional grounds (author). Published inInvestment Treaty News Quarterly (ITN), Volume 7, Issue 2. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish. May 2016.

Investment Treaty News Quarterly (ITN), Volume 7, Issue 2, May 2016 (editor-in-chief). IISD’s flagship journal on international investment law and policy from a sustainable development perspective. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish.

Quiborax awarded US$50 million against Bolivia, one-third of initial claim (author). Published in Investment Treaty News Quarterly (ITN), Volume 7, Issue 1. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish. February 2016.

Investment Treaty News Quarterly (ITN), Volume 7, Issue 1, February 2016 (editor-in-chief). IISD’s flagship journal on international investment law and policy from a sustainable development perspective. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish.

2015

Energorynok had no ownership or control over energy-related economic activity; ECT case against Moldova dismissed (author). Published in Investment Treaty News Quarterly (ITN), Volume 6, Issue 4. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish. November 2015.

Investment Treaty News Quarterly (ITN), Volume 6, Issue 4, November 2015 (editor-in-chief). IISD’s flagship journal on international investment law and policy from a sustainable development perspective. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish.

Brazil’s Innovative Approach to International Investment Law (co-author, with Nathalie Bernasconi). Brazil’s Cooperation and Investment Facilitation Agreements concluded so far—with Angola, Malawi, Mexico, and Mozambique—allow us to understand the most important aspects of the new CIFA model. September 2015.

Comparative Commentary to Brazil’s Cooperation and Investment Facilitation Agreements (CIFAs) with Mozambique, Angola, Mexico, and Malawi (co-author, with Nathalie Bernasconi).Unlike traditional bilateral investment treaties (BITs), which are geared toward investor protection, Brazil’s Cooperation and Investment Facilitation Agreements focus primarily on cooperation and investment facilitation. September 2015.

Looking to Venezuela’s Investment Law, majority finds that Venoklim was not a foreign investor and dismisses case against Venezuela; claimant-appointed arbitrator dissents (author). Published in Investment Treaty News Quarterly (ITN), Volume 6, Issue 3. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish. August 2015.

Investment Treaty News Quarterly (ITN), Volume 6, Issue 3, August 2015 (editor-in-chief). IISD’s flagship journal on international investment law and policy from a sustainable development perspective. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish.

Side-by-side Comparison of the Brazil-Mozambique and Brazil-Angola Cooperation and Investment Facilitation Agreements (author). The Cooperation and Investment Facilitation Agreements focus less on investor protection and more on institutional arrangements and agendas for investment facilitation and cooperation. June 2015.

The Brazil–Mozambique and Brazil–Angola Cooperation and Investment Facilitation Agreements (CIFAs): A Descriptive Overview (author). Published in Investment Treaty News Quarterly (ITN), Volume 6, Issue 2. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish. May 2015.

Investment Treaty News Quarterly (ITN), Volume 6, Issue 2, May 2015 (editor-in-chief). IISD’s flagship journal on international investment law and policy from a sustainable development perspective. Available on the web in English, French, and Spanish, and in PDF in English, French, and Spanish.

Curso de Capacitación: Construyendo Capacidades para Implementar el Marco de Políticas Mineras en la Republica Dominicana (author). On September 15-19, 2014, IISD and the Mining Directorate of the Ministry of Energy and Mines of the Dominican Republic offered the training course “Building Capacity to Implement the Mining Policy Framework in the Dominican Republic” in Santo Domingo. April 2015.

Investment Treaty News Quarterly (ITN), Volume 6, Issue 1, February 2015 (deputy editor-in-chief). IISD’s flagship journal on international investment law and policy from a sustainable development perspective. Available on the web in English and in PDF in English, French, and Spanish.

2014

The State of Play in Vattenfall v. Germany II: Leaving the German public in the dark (co-author, with Nathalie Bernasconi). Two years after Vattenfall brought Germany to international arbitration for a second time (Vattenfall II), the German public is still left out in the dark. This briefing note reviews the background to the case on Germany’s decision to phase out nuclear power and outlines its current state of play. Also available in PDF in German: Der aktuelle Stand bei Vattenfall geg. Deutschland II: Die deutsche Öffentlichkeit wird im Unklarem gelassen. December 2014.

Yukos shareholders awarded record damages in two separate proceedings against Russia (author). Published in Investment Treaty News Quarterly (ITN), Volume 5, Issue 4. Available on the web in English and in PDF in English, French, and Spanish. November 2014.

Yukos v. Russia: Issues and legal reasoning behind US$50 billion awards (author). Published in Investment Treaty News (ITN). Available in English on the web and in PDF. Republished by bilaterais.org. September 2014.

Bolivia’s new investment promotion law through the eyes of UNCTAD’s IPFSD (author). Published by the United Nations Conference on Trade and Development (UNCTAD). August 2014.

Opening the Door to Foreign Investment? An Analysis of Bolivia’s New Investment Promotion Law? (author). Published in Investment Treaty News Quarterly (ITN), Volume 5, Issue 3. Available on the web in English and in PDF in English, French, and Spanish. August 2014.

2013

Opportunities for Sustainable Public Procurement in Mozambique (author). This commentary presents the results of a preliminary assessment of the potential of Mozambique’s “Regulation on Contracting of Public Works, Goods and Services” (Decree No. 15 of 24 May 2010) to support sustainable development and green growth. It contains a complete English translation of the Regulation and presents commentary on its provisions that are or could become most relevant to promoting SPP in Mozambique. March 2013.

2012

Sustainable Public Procurement in the Sao Paulo State Government: Policy Brief (author). The case study documents in detail the initiation and expansion of the Sao Paulo Sustainable Public Procurement program; explains how its promoters overcame legal, institutional, administrative, market and mindset hurdles; and assesses the legal, administrative and procedural improvements needed to expand the program further. August 2012.

Sustainable Public Procurement in the Sao Paulo State Government: An in-depth case study (author). The case study documents in detail the initiation and expansion of the Sao Paulo Sustainable Public Procurement program; explains how its promoters overcame legal, institutional, administrative, market and mindset hurdles; and assesses the legal, administrative and procedural improvements needed to expand the program further. Full report also available in PDF in Portuguese: Licitações e Contratações Sustentáveis no Governo do Estado de São Paulo: Um estudo de caso aprofundado. July 2012.

International Public Finance for Climate-friendly Investment: Vehicles, availability, and governance (co-author, with Aaron Cosbey). This report aims to serve as a useful guide to policy-makers contemplating how to meet challenges within the energy sector and other sectors that are critically important to climate change and sustainable development. May 2012.

2010

Georgia loses dispute with Greek and Israeli oil investors (author). Published in Investment Treaty News Quarterly (ITN), Volume 1, Issue 2. Available on the web in English and in PDF in English, French, and Spanish. December 2010.

Tribunal dismisses claims against Hungary in ECT dispute over power stations (author). Published in Investment Treaty News Quarterly (ITN), Volume 1, Issue 2. Available on the web in English and in PDF in English, French, and Spanish. December 2010.

Ukrainian government on the hook for intervention in hotel investment (author). Published in Investment Treaty News Quarterly (ITN), Volume 1, Issue 2. Available on the web in English and in PDF in English, French, and Spanish. December 2010.

EU investment treaties examined in health insurance dispute (author). Published in Investment Treaty News Quarterly (ITN), Volume 1, Issue 2. Available on the web in English and in PDF in English, French, and Spanish. December 2010.

2009

La dynamique spatiale de la croissance économique au Brésil (1970-2000) : Une approche empirique (co-author with Leonardo Monteiro Monasterio). Published by Armand Colin in French in Revue d’économie régionale & urbaine, 1/2009, pp. 7–29.

2007

Spatial dynamics of economic growth in Brazil (1970-2000): An empirical approach (co-author with Leonardo Monteiro Monasterio). English version available at Núcleo de Estudos e Modelos Espaciais Sistêmicos (NEMESIS). 2007.

Martin D. Brauch

Redação e estilo. Fotografia e viagens. Direito e Economia.