Portfolio of academic and professional work, including publications, research projects, presentations, lectures, courses, and other activities.
2025 2024 2023 2022 2021 2020 2019 2018 2017 2016 2015 2014 2013 & earlier
Highlights
- An International Law Framework for Climate-Aligned Investment Governance
- Climate Action Needs Investment Governance, Not Investment Protection and Arbitration
- Reforming International Investment Law for Climate Change Goals
- How Can States Best Fill the Vacuum of the Flawed Energy Charter Treaty?
- Shared-Use Infrastructure Along the World’s Largest Iron Ore Operation: Lessons Learned from the Carajás Corridor
- Exhaustion of Local Remedies in International Investment Law
- Contracts for Sustainable Infrastructure: Ensuring the economic, social, and environmental co-benefits of infrastructure investment projects
2025
Climate Change Mitigation (Martin Dietrich Brauch: co-instructor with Lisa Sachs): developed the curriculum, invited guest lecturers, prepared and graded assessments, moderated Q&A sessions, and taught classes on “Climate Change Mitigation Trade-offs and Tensions: Critical minerals, energy decarbonization, and investment and trade law” and “Policy Frameworks and Governance for Mitigation.” Core in-person class for the M.A. in Climate & Society, M.S. in Climate, and M.S. in Climate Finance programs (215 students) at the Columbia Climate School, Fall 2025.
Policy, Legal, and Regulatory Frameworks Relevant to Critical Minerals (Martin Dietrich Brauch): guest lectured in the “Introduction to Sustainable Production of Earth Minerals and Metal Resources” course at Columbia Engineering, November 18, 2025.
A Mapping of Critical Minerals Negotiations: Trends, Risks, and Opportunities (Martin Dietrich Brauch, Ben Baraga, Hansika Agrawal, and Sean Gutierrez-Schieferl, with Sneha Singh, Huahua Chen, and Yunkai Liao): In response to the accelerating global demand for critical minerals, governments are rapidly negotiating a new wave of bilateral and plurilateral agreements to secure supply chains, catalyze investment, and promote local value addition. Documenting this pivotal moment, CCSI conducted a mapping of ongoing intergovernmental negotiations with a significant critical minerals component based on primary and secondary materials as well as stakeholder interviews. This brief distills seven cross-cutting findings and provides recommendations for governments and regional organizations of developing and emerging economies to strengthen their critical minerals negotiations, along with additional recommendations for international organizations, development partners, and civil society to advance sustainable outcomes. Published by CCSI, November 2025.
Possible Positive Contributions of Investment Agreements to Achieving Climate and Environmental Goals (Martin Dietrich Brauch and Harro Van Asselt). An OECD public consultation sought views on a “positive agenda” for investment treaties to advance green investments and climate and environmental policies. In their response, the authors caution that sequencing matters: an effective positive agenda may only succeed if the myriad dysfunctions resulting from the stock of 2600+ investment treaties are addressed first. Prematurely advancing a positive agenda risks allowing investor–state dispute settlement (ISDS) cases to hinder innovative investment governance approaches. Published by the OECD, September 2025.
Industrial Policy for the Energy Transition (Martin Dietrich Brauch: panelist): provided an overview of trends in international negotiations involving critical minerals during the session “Green Value Chains: The Future of Clean Technology Manufacturing.” In-person New York Climate Week 2025 event co-organized by CCSI, LSE’s Centre for Economic Transition Expertise, and Harvard’s Growth Lab, September 24, 2025.
Breaking the Barriers: Regional Integration for a Just and Competitive Energy Transition (Martin Dietrich Brauch: facilitator and panelist): discussed trends in international negotiations involving critical minerals, international investment law reform, and the role of regional integration and cooperation. In-person New York Climate Week 2025 event co-organized by CCSI, Resource Justice Network, and Public Citizen, September 23, 2025.
Executive Training on Investment Treaties and Arbitration for Government Officials (ITAGO 2025) (Martin Dietrich Brauch): led sessions on investment governance for sustainable development and on developing and executing an investment treaty and ISDS strategy. Online training hosted by CCSI, September 8–12, 2025.
Climate Action, Fossil Fuel Phaseout, and International Investment Law (Martin Dietrich Brauch): guest lectured in the “Extractive Industries Law, Environmental Protection and Sustainability” class. Online lecture at the American University of Central Asia, July 9, 2025.
Columbia Climate School in the Green Mountains (Martin Dietrich Brauch: instructor): led sessions on “Sustainable Development Goals (SDGs) and the Paris Agreement”; “Energy Decarbonization Pathways; Decarbonization: Making, Measuring, and Monitoring Progress”; “Decarbonization: Global Governance and International Investment Law.” In-person summer program for pre-college students hosted by the Columbia Climate School in Castleton, Vermont, United States, July 2025.
Community Conversations on Investor-State Dispute Settlement (ISDS) and Climate Change (Martin Dietrich Brauch: panelist): presented initial remarks and answered questions focused on climate-aligned investment governance. Online meeting hosted by the Climate Change Committee of the Section on the Environment, Energy, and Resources of the American Bar Association (ABA), June 24, 2025.
Executive Training on Extractive Industries and Sustainable Development (EISD 2025) (Martin Dietrich Brauch: project lead and instructor): updated the curriculum, liaised with CCSI and guest instructors, and led sessions on “Extractive Industries, Climate Change, and a Just Zero-Carbon Energy Transition” (Climate Day), “Legal Overview: Domestic and International Legal Frameworks Relevant to Extractive Industries” (Legal Day), and “Leveraging Executive Industry Investments for Domestic Infrastructure Needs: Shared Use” (Linkages Day). Online training hosted by CCSI, June 2–13, 2025.
Climate Change Mitigation (Martin Dietrich Brauch: co-instructor with Lisa Sachs): developed the curriculum, invited guest lecturers, prepared and graded assessments, moderated Q&A sessions, and taught classes on “Climate Change Mitigation Trade-offs and Tensions: Energy decarbonization, investment law, and trade law” and “Policy Frameworks and Governance for Mitigation.” Core in-person class for the M.A. in Climate & Society at the Columbia Climate School, spring semester of 2025.
Decarbonization: Policies and Practices for Countries and Companies (Martin Dietrich Brauch: co-instructor with Laura Garcia Cancino): led sessions on the global decarbonization agenda, climate policy, global governance and international law, company decarbonization, oil & gas and critical minerals value chains, urban decarbonization, and transition planning. Hybrid professional learning workshop hosted by the Columbia Climate School in seven sessions (April 15, 22, and 29; May 6, 13, 20; and June 3, 2025).
International Investment Law Support to the Tanzanian Government (Martin Dietrich Brauch: co-lead with Ladan Mehranvar): led a four-day workshop exploring themes, approaches, and provisions for a model investment treaty. Hosted by the Tanzanian government in Dar-es-Salaam, May 26–30, 2025.
Climate Catalyst Foundation’s 2025 Virtual Climate Conference for Pre-College Student Leaders (Martin Dietrich Brauch: inaugural speaker): presented on the roles of the international climate change regime, domestic climate policy, and international investment and trade law in advancing climate mitigation, adaptation, and just transitions. Online event hosted by the Climate Catalyst Foundation, May 25, 2025.
Climate Policy and Legal Context (Martin Dietrich Brauch: speaker): led a session on the international climate change regime, domestic climate law and policy, and climate implications of international and trade law. Executive climate training hosted by the Columbia Climate School for a consulting firm, May 8, 2025.
Possible Positive Contributions of Investment Agreements to Climate Goals (Martin Dietrich Brauch: invited expert): participated with some 20 international experts in a workshop, offering insights on the design of positive, forward-looking mechanisms for climate-aligned investment governance. In-person full-day workshop hosted by University College London (UCL), May 5, 2025.
Decommissioning Offshore Oil and Gas Infrastructure (Martin Dietrich Brauch: speaker): presented takeaways from CCSI’s work on contractual provisions for offshore oil and gas decommissioning. In-person workshop co-hosted by the Sabin Center for Climate Change Law and Ocean Conservancy at Columbia Law School, May 2, 2025.
No BITs and Pieces: An International Law Framework for Climate-Aligned Investment Governance (Martin Dietrich Brauch): guest lectured strengthening international human rights and labor law and on reforming international investment, trade, and intellectual property law for climate action. Online seminar hosted by the University of Bedfordshire’s Centre for Research in Law (CRIL Seminar Series 2025), April 16, 2025.
Civil Society Strategic Coordination to Shape Global Policy on Transition Minerals (Martin Dietrich Brauch): participated in the event with some 20 civil society representatives and contributed to developing policy strategies to foster material efficiency and circularity approaches across the entire life cycle of critical energy transition minerals. Convening organized by the Natural Resource Governance Institute (NRGI) and hosted at the Rockefeller Foundation’s Bellagio Center, April 7–11, 2025.
EU CTIPs, SIFAs, and Sustainable Investment Governance (Martin Dietrich Brauch: speaker): presented on the potential of EU Clean Trade and Investment Partnerships for sustainable investment governance; the legal, energy and climate policy, and political economy reasons to abandon extra-EU BITs, and international agreements on and Investment Facilitation. Online meeting “Unleashing the Potential of CTIPs and SIFAs for Environmental Sustainability and Climate Justice” hosted by the Green Trade Network (GTN), April 3, 2025.
Investment Governance for Climate-Aligned, Sustainable Development (Martin Dietrich Brauch): guest lectured for 45 minutes on alternative forms of international investment governance for climate-aligned sustainable development in Jesse Coleman’s seminar class on “International Investment Law and Sustainable Development,” Trinity College Dublin, April 2, 2025.
Earth Studio Roundtable “Landscapes of Repair” (Martin Dietrich Brauch: speaker): offered reflections and led discussions in the session on New Urban Futures, focusing on legal and policy measures that city governments can take to foster just energy transitions from fossil-based to renewables-based economies and landscapes. In-person four-hour workshop co-hosted by the Columbia Climate School’s Masters of Climate and Society Program and GSAPP’s Urban Design Studio in Rio de Janeiro, March 20, 2025.
Climate Insight Series: Policy and Legal Context (Martin Dietrich Brauch: speaker): led a 90-minute session on the international climate change regime, domestic climate law and policy, and climate implications of international and trade law. Leadership program hosted online by the Columbia Climate School for a private equity firm, March 13, 2025.
Energy Transitions, Critical Minerals, and Urban Design (Martin Dietrich Brauch: instructor): led a session focused on energy transitions and critical minerals, decarbonization of mining value chains, circular economy, and decommissioning of oil and gas infrastructure. Online program hosted by Earth Studio, a joint initiative of Columbia Climate School’s Master’s of Climate and Society Program and GSAPP’s Urban Design Studio, March 7, 2025.
How EU Clean Trade and Investment Partnerships Can Foster Sustainable Investment Governance (Martin Dietrich Brauch, Stefan Mayr, and Carl Frederick Luthin): The piece argues that the emerging Clean Trade and Investment Partnerships (CTIPs) negotiated by the European Union (EU) should go beyond political promises and contain binding and tangible commitments from the EU to support partner countries in phasing out fossil fuels, fostering sustainable investments, and ensuring just transitions. Published by CCSI, March 2025.
Market Assessment on Critical Minerals Innovation in Developing Countries (Martin Dietrich Brauch: lead author for CCSI): CCSI and Columbia Engineering developed a market assessment—based on the collection and analysis of primary and secondary quantitative and qualitative data—to strategically evaluate technological innovation in critical mineral value chains in developing countries. The assessment focuses on the midstream (processing and refining) and downstream segments (manufacturing, extraction from secondary sources, and end-of-life treatment). The comprehensive study navigates the nexus of stakeholders, policies, initiatives, financial mechanisms, technologies, and SDG impacts. Starting from an analysis of 30 countries, deep-dives were conducted in three from each developing region: Africa, Asia and the Pacific (ASP), and Latin America and the Caribbean (LAC). The market assessment was commissioned by the United Nations Industrial Development Organization (UNIDO)’s A2D Facility, and funded by the United Kingdom (UK)’s Department for Energy Security and Net Zero (DESNZ). Published by UNIDO, January 2025.
2024
Accelerating Innovation in Critical Minerals – A2D Facility Market Assessment Launch (Martin Dietrich Brauch: speaker): presented a large-scale market assessment focused on innovation in critical minerals in developing countries. Webinar co-hosted by CCSI, the United Nations Industrial Development Organization (UNIDO), and Columbia’s Fu Foundation School of Engineering and Applied Science, November 26, 2024.
After intra-EU BITs and the ECT, the EU needs to abandon extra-EU BITs—for legal,
energy and climate policy, and political economy reasons (Martin Dietrich Brauch, Stefan Mayr, and Carl Frederick Luthin). The piece argues that, after terminating intra-European Union (EU) bilateral investment treaties (BITs) and withdrawing from the Energy Charter Treaty, the EU and its member states should terminate BITs with extra-EU partners. Extra-EU BITs risk undermining the autonomy of EU law, hinder EU energy and climate goals, and fail to establish balanced sustainable investment partnerships. Published by CCSI in Columbia FDI Perspectives No. 394, October 14, 2024.
Breaking Free: Strategies for Governments on Terminating Investment Treaties and Removing ISDS Provisions (Ladan Mehranvar, Martin Dietrich Brauch, Achyuth Anil, Anna-Sophie Kloppe, Lucas Clover Alcolea, and Madeleine Songy). The report presents three practical approaches governments can consider in the near term to address their current stock of international investment agreements (IIAs) with investor–state dispute settlement (ISDS): (1) terminating bilateral investment treaties (BITs), ideally with an agreement to neutralize the sunset clause; (2) amending free trade agreements (FTAs) to remove the investment chapters, ideally with an agreement to neutralize the sunset clause, where applicable; and (3) amending BITs and FTAs to remove the ISDS provision or to withdraw advance consent to ISDS. Published by CCSI, October 2024.
Financing and Regulating NOC Just Transitions Away from Oil and Gas (Martin Dietrich Brauch: moderator). In-person New York Climate Week 2024 event, exploring how financial actors and regulators can strengthen the transition plans of national oil companies and their host countries, hosted by CCSI and the World Benchmarking Alliance at Columbia University, September 26, 2024.
Before—and Beyond—the UN Guiding Principles on Critical Energy Transition Minerals (Martin Dietrich Brauch, Perrine Toledano, and Lisa Sachs). This commentary illustrates how the UN Secretary-General’s Panel on Critical Energy Transition Minerals’ seven Guiding Principles on Critical Energy Transition Minerals build on the research, advisory, and capacity-building work CCSI has been leading for over a decade, alongside a wide range of partners, to improve mining sector governance for sustainable development in resource-rich developing countries and secure the responsible supply of critical minerals needed for a just energy transition globally. Published by CCSI, September 2024.
Circularity Meets Decarbonization in Heavy Industry (Martin Dietrich Brauch: panelist): presented at in-person New York Climate Week 2024 event, exploring how circularity principles are implemented in the business practices of private companies, hosted by the CBS Green Business Club and the Tamer Institute for Social Enterprise and Climate Change at Columbia Business School, September 24, 2024.
NY–Brazil Climate and Energy Forum (Martin Dietrich Brauch: co-host and speaker): presented on “Scaling Renewable Energy Investment: Roadblocks and Drivers.” In-person side event to the New York Climate Week 2024 co-hosted by CCSI at the Columbia Law School, September 20 and 23, 2024.
Executive Training on Investment Treaties and Arbitration for Government Officials (ITAGO 2024) (Martin Dietrich Brauch): led sessions on investment governance for sustainable development and on developing and executing an investment treaty and ISDS strategy. Online training hosted by CCSI, September 9–13, 2024.
Global Guidance for Just Transition Policy (Anna Dell’Amico, Martin Dietrich Brauch, Lara Wallis, and Alexandra A. K. Meise). The report provides detailed context on South Africa’s and Germany’s national socio-political and energy conditions and policies, and comprehensively examines the legal and policy instruments adopted by both countries—the Just Transition Framework in South Africa and the Coal Exit Laws in Germany—and their application of the ILO Guidelines. Both countries historically relied on domestic coal production and are forerunners in national-level just transition policymaking in their respective regions. The accompanying Policy Brief summarizes the comparison between South Africa’s and Germany’s just transition policies and the ILO Guidelines. Published by CCSI, August 2024.
Columbia Climate School in the Green Mountains (Martin Dietrich Brauch: instructor): led sessions on “Sustainable Development Goals (SDGs) and the Paris Agreement”; “Energy Decarbonization Pathways; Decarbonization: Making, Measuring, and Monitoring Progress”; “Decarbonization: Global Governance and International Investment Law.” In-person summer program for pre-college students hosted by the Columbia Climate School in Castleton, Vermont, United States, July 2024.
Investment Treaties, Investor–State Dispute Settlement (ISDS), and Sustainable Energy Investment (Martin Dietrich Brauch): led a presentation and Q&A session on the risks and costs of investment treaties and ISDS to sustainable and climate-aligned energy investment. Online session hosted by the Office of the Legal Counsel of the International Energy Agency (IEA), June 18, 2024.
Executive Training on Extractive Industries and Sustainable Development (EISD 2024) (Martin Dietrich Brauch: project lead and instructor): updated the curriculum, liaised with CCSI and guest instructors, and led sessions on “Extractive Industries, Climate Change, and a Just Zero-Carbon Energy Transition” (Climate Day), “Legal Overview: Domestic and International Legal Frameworks Relevant to Extractive Industries” (Legal Day), and “Leveraging Executive Industry Investments for Domestic Infrastructure Needs: Shared Use” (Linkages Day). Online training hosted by CCSI, June 3–14, 2024.
AIM Congress (Martin Dietrich Brauch: participant and facilitator): facilitated the sessions “Blended Finance: A Way Ahead for Mobilizing Investments in 2024” and “Building Sustainable Investment Partnerships for Development in Latin America and the Caribbean.” Hosted in Abu Dhabi, United Arab Emirates, May 7–9, 2024.
Incorporating Climate Considerations Into Investment Assessment Processes: Guidance for National and Local Governments (Esther Akwii, Grace Brennan, Leslie Hannay, Martin Dietrich Brauch, and Nora Mardirossian). This guide provides recommendations to national and local governments on how to incorporate climate considerations into investment assessment processes (IAPs), which include the full range of legal frameworks and associated processes that establish the requirements investors must meet to be allowed to operate their proposed project, spanning from investor registration with the relevant government agency to investor preparation of contracts and agreements for project approval. Published by CCSI, April 2024.
Investor–State Dispute Settlement (ISDS) and Sustainable Investment (Martin Dietrich Brauch: speaker): led a 60-minute capacity-building presentation and Q&A session presentation for several members of the Office of the Attorney-General of Thailand on an academic critique and current trends in investor–state dispute settlement (ISDS) and sustainable investment, by invitation of the Commercial Law Development Program (CLDP) of the Office of the General Counsel of the U.S. Department of Commerce. In-person event hosted by CCSI at Columbia Law School, April 26, 2024.
How ISDS Interferes with the Governance of Critical Minerals for a Just Energy Transition—And What to Do About It (Madeleine Songy and Martin Dietrich Brauch). The piece reviews at least 57 known investor–state dispute settlement (ISDS) that emerged or were decided based on critical mineral investments since the Paris Agremeent entered into force, as well as 9 cases in which states have been put on notice of a forthcoming dispute, and puts forward policy recommendations to reduce ISDS risks. Published by CCSI, March 2024.
Live Q&A Session (Martin Dietrich Brauch: speaker): led the first live Q&A session of CCSI’s Massive Open Online Course (MOOC) Mining and Materials for Sustainable Development Transformations, responding to questions by MOOC learners, particularly on the fourth week of the course, which explores the implications of sustainable development transformations for governments of mineral-rich countries. Online event hosted by CCSI, March 21, 2024.
International Investment Law Support to the Tanzanian Government (Martin Dietrich Brauch: co-lead with Ladan Mehranvar): led a five-day training on investment treaties and ISDS. In-person event hosted by the Tanzanian government in Dar-es-Salaam, Tanzania, March 11–15, 2024.
Multi-Stakeholder Platform on International Investment Agreement (IIA) Reform (Martin Dietrich Brauch: invited expert): participated in the two-hour meeting, with interventions exploring what slows down IIA reform, how it can be accelerated at the bilateral and regional levels, and what concrete actions international organizations, civil society, and academia can take to accelerate it. Online event hosted by UNCTAD, February 29, 2024.
Massive Open Online Course (MOOC) Mining and Materials for Sustainable Development Transformations (Martin Dietrich Brauch: project co-lead, with David Kienzler): developed the curriculum, invited and supported guest lecturers, prepared assessments, moderated Q&A sessions, oversaw content production, and recorded three video chapters: “Chapter 4.2: Legal implications in mining laws and contracts: Obligations of the parties in light of climate change,” and “Chapter 4.5 International investment law and sustainable development transformations.” The self-paced MOOC includes lectures from 27 global experts. It presents the challenges and opportunities for mining and materials value chains in the energy and digital transitions needed to achieve climate goals and other sustainable development goals (SDGs). Online course supported by the African Legal Support Facility, Anglo American, and Ford Foundation, and hosted by SDG Academy. Launched by CCSI, February 19, 2024.
An International Law Framework for Climate-Aligned Investment Governance (Martin Dietrich Brauch, Elena Klonsky, Fanny Marie Everard, and Qiaozi Guanglin, with Tyler Alviano, Justin Cuddihey, and Mary Wang). 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? (Martin Dietrich Brauch). 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.
New Approaches to EU FDI Policy: Investment Facilitation Agreements and Incentivizing Investment in the Green and Digital Transitions (Martin Dietrich Brauch: invited expert speaker): appeared before the European Parliament, presenting on how EU investment policy can stimulate and encourage sustainable investment in a just energy transition away from fossil fuels to renewable energy systems. Public hearing held by the European Parliament’s Committee on International Trade (INTA), November 27, 2023.
Public Policy for Investment in the Energy Transition (Martin Dietrich Brauch): guest lectured in Portuguese for master’s students in the graduate law program of the Federal University of Amazonas (Universidade Federal do Amazonas – UFAM) in Brazil. Online lecture hosted by UFAM, November 21, 2023.
ESG Challenges in Latin America’s Mining Sector (Martin Dietrich Brauch: speaker): presented about mining governance to achieve sustainable development goals, including climate change, and on circularity in mining and renewable energy value chains. Online roundtable organized by Columbia Global Centers | Rio de Janeiro, the Center on Global Energy Policy, Columbia’s School of International and Public Affairs, and the Universidad Adolfo Ibáñez, November 9, 2023.
Circularity in Mineral and Renewable Energy Value Chains: Overview of Technology, Policy, and Finance Aspects (Perrine Toledano, Martin Dietrich Brauch, 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.
8th World Investment Forum (Martin Dietrich Brauch: speaker): spoke in the panel “Investment Facilitation: International Policy Developments,” participated in the fireside chat on the Responsible Decarbonization of Fossil Asset Portfolios, and led the panel “Transferred Emissions: Toward Guidelines for Responsible Sales of Upstream Fossil Fuel Assets.” In-person event hosted by the UNCTAD in Abu Dhabi, United Arab Emirates, October 16–20, 2023.
In the Race to Net Zero, Brazil Needs Less Net and More Zero (Martin Dietrich Brauch). 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 (Perrine Toledano, Chris Albin-Lackey, Maria Diez Andres, and Martin Dietrich Brauch). 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? (Martin Lockman and Martin Dietrich Brauch). 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.
Executive Training on Investment Treaties and Arbitration for Government Officials (ITAGO 2023) (Martin Dietrich Brauch): led a session on investment governance for sustainable development. Online training hosted by CCSI, September 18–22, 2023.
A Comprehensive Climate Policy Toolkit for Less Net and More Zero (Martin Dietrich Brauch: opening speaker): presented about Brazil’s climate and energy profile and policy in the conference “Strategic Dialogue on Climate Action, Biodiversity Conservation, and Sustainable Investment in Latin America.” In-person event co-hosted by CCSI at Columbia Law School, September 12, 2023.
Decommissioning Offshore Oil and Gas Infrastructure in the Face of Climate Change and the Energy Transition (Martin Lockman and Martin Dietrich Brauch). 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 (Martin Lockman, Martin Dietrich Brauch, 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 (Martin Dietrich Brauch, 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.
The Role of the Mining Sector in Climate Resilience (Martin Dietrich Brauch: invited expert): presented to representatives from ITrend Chile (Instituto para la Resiliencia Ante Desastres, Institute for Disaster Resilience). In-person event hosted by the National Center for Disaster Preparedness at the Interchurch Center in New York, United States, August 25, 2023.
Brazil Climate Podcast (Martin Dietrich Brauch: interviewee): participated in the podcast in the lead-up to the September 2023 Brazil Climate Summit at Columbia University, August 21, 2023.
28th Youth Assembly (Martin Dietrich Brauch: speaker): presented on how the public and private sectors can advance investment in climate mitigation, adaptation, and resilience. In-person event held in New York, United States, August 12, 2023.
Asia–Pacific Economic Cooperation (APEC) Third Senior Officials’ and Ministerial Meetings (SOM3) (Martin Dietrich Brauch: speaker): presented on the need to overhaul international investment governance to facilitate climate-aligned foreign direct investment in an August 4 workshop hosted by the World Economic Forum (WEF), and in an August 5 workshop entitled “International Investment Agreements (IIAs) and Climate Change” hosted by the Government of Chile. In-person meetings hosted by APEC in Seattle, United States, August 4–5, 2023.
Carajás Corridor in Brazil: Could an SEA Have Reconciled Shared-Use Infrastructure and Environmental Protection? (Perrine Toledano and Martin Dietrich Brauch). 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.
Engaging the Private Sector on the Localization of SDGs (Martin Dietrich Brauch: speaker): presented about shared use of mining-related infrastructure—particularly the case study of the Carajás corridor—and on data-driven development planning. In-person side event to the UN High-Level Political Forum (HLPF) hosted by the Government of São Paulo (Brazil) at the Brazilian Mission to the United Nations, in New York, United States, July 19, 2023.
Columbia Climate School in the Green Mountains (Martin Dietrich Brauch: instructor): led sessions on “Sustainable Development Goals (SDGs) and the Paris Agreement”; “Energy Decarbonization Pathways; Decarbonization: Making, Measuring, and Monitoring Progress”; “Decarbonization: Global Governance and International Investment Law.” In-person summer program for pre-college students hosted by the Columbia Climate School in Castleton, Vermont, United States, July 2023.
Energy Decarbonization (Descarbonização Energética) (Martin Dietrich Brauch: instructor): led a four-session asynchronous online training program on energy decarbonization in Portuguese for Brazilian government officials. Training hosted by Columbia Global Centers | Rio de Janeiro and Comunitas, June–July 2023.
Executive Training on Extractive Industries and Sustainable Development (EISD 2023) (Martin Dietrich Brauch: project lead and instructor): updated the curriculum, liaised with CCSI and guest instructors, and led sessions on “Extractive Industries, Climate Change, and a Just Zero-Carbon Energy Transition” (Climate Day), “Legal Overview: Domestic and International Legal Frameworks Relevant to Extractive Industries” (Legal Day), and “Leveraging Executive Industry Investments for Domestic Infrastructure Needs: Shared Use” (Linkages Day). Online training hosted by CCSI, June 5–16, 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, Martin Dietrich Brauch, 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? (Martin Dietrich Brauch). 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.
Climate Change Impacts on Mining Operations and Mining Territories (Martin Dietrich Brauch: panelist): participated in a webinar hosted by the Sustainable Development Solutions Network (SDSN) and Geopark Quadrilátero Ferrífero, March 23, 2023.
Energy Charter Treaty (ECT) “Modernization”: Recent Developments and the Future of the Regime (Martin Dietrich Brauch): guest lectured in person about ECT developments and the future of the regime in light of them in Professor Robert Howse’s New York University (NYU) spring 2023 seminar “International Trade and Investment Law and Policy Seminar: The Challenge of Changing Energy Markets,” New York, United States, February 28, 2023.
The SDGs and the Role of Investment: Africa, Paraguay, and Rio Grande do Sul Decarbonization Roadmaps (Martin Dietrich Brauch: instructor): led a session on the importance of public policy roadmaps for decarbonization and sustainable investment in Brazil. Online event hosted by GovTech Fellows: Innovation and Technology for Sustainable Development Leaders, an initiative of Fundação Brava, in partnership with Columbia Global Centers| Rio de Janeiro and Insper, February 8, 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 (Mithatcan Aydos, Perrine Toledano, Martin Dietrich Brauch, 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 (Martin Dietrich Brauch and 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) (Jeffrey D. Sachs, Perrine Toledano, and Martin Dietrich Brauch, with 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.
Energy Transition and Climate Action (Martin Dietrich Brauch: speaker): led the energy session of the training project “Developing Policy Planning Skills for a Sustainable Future in South Africa.” Online session hosted by the World Economic Forum and the National School of Government (NSG), November 11, 2022.
The Agreement in Principle on ECT “Modernization”: A Botched Reform Attempt that Undermines Climate Action (Martin Dietrich Brauch). 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.
Executive Training on Investment Treaties and Arbitration for Government Officials (ITAGO 2022) (Martin Dietrich Brauch): led a session on investment governance for sustainable development. Online training hosted by CCSI, October 3–7, 2022.
EITI Capacity Building Workshops and Trainings on the Energy Transition (Martin Dietrich Brauch: co-instructor, with Perrine Toledano): led sessions on “The Global Climate Change Agenda” and “The Just Energy Transition,” and co-led sessions on “Critical Minerals and Renewable Energy” and “EITI Processes and the Energy Transition.” Online event hosted by EITI in five sessions, August 25, and September 1, 6, 7, and 14, 2022.
Expert Roundtable “The Energy Charter Treaty at a Crossroads” (Martin Dietrich Brauch: panelist): argued that the so-called “modernization” of the Energy Charter Treaty (ECT), with a flawed outcome, missed opportunities to terminate the outdated treaty and to design a wholly new regime for international investment governance to achieve global climate and sustainable development goals. Online event hosted by the Centre for International Law and Governance (CILG) at the Faculty of Law of the University of Copenhagen, in cooperation with Hasselt University and Seven Summits Arbitration, September 8, 2022.
International Investment Governance and Achieving a Just Zero-Carbon Future (Ella Nora Merril, Martin Dietrich Brauch, 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.
Columbia Climate School in the Green Mountains (Martin Dietrich Brauch: instructor): led sessions on “Sustainable Development Goals (SDGs) and the Paris Agreement”; “Energy Decarbonization Pathways; Decarbonization: Making, Measuring, and Monitoring Progress”; “Decarbonization: Global Governance and International Investment Law.” In-person summer program for pre-college students hosted by the Columbia Climate School in Castleton, Vermont, United States, July 2022.
Integrating Climate Change, Decarbonization, and Just Transition Considerations into Extractive Industry Contracts (Martin Dietrich Brauch, Perrine Toledano). This blog and three-page PDF summarize 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 (Martin Dietrich Brauch, Perrine Toledano, and Cody Aceveda). Expanding 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.
Decarbonization Pathways for Paraguay’s Energy Sector (Martin Dietrich Brauch: speaker, with Perrine Toledano): presented CCSI’s report at an internal World Bank workshop regarding a new Country Climate and Development Report (CCDR) on Paraguay. Online event hosted by the World Bank Group, June 22, 2022.
Executive Training on Extractive Industries and Sustainable Development (EISD 2022) (Martin Dietrich Brauch: project lead and instructor): updated the curriculum, liaised with CCSI and guest instructors, and led sessions on “Extractive Industries, Climate Change, and a Just Zero-Carbon Energy Transition” (Climate Day), “Legal Overview: Domestic and International Legal Frameworks Relevant to Extractive Industries” (Legal Day), and “Leveraging Executive Industry Investments for Domestic Infrastructure Needs: Shared Use” (Linkages Day). Online training hosted by CCSI, June 6–17, 2022.
Roadmap to Zero-Carbon Electrification of Africa (Martin Dietrich Brauch: speaker, with Perrine Toledano): presented CCSI’s report for the 2022 Global Solutions Lab, June 15, 2022.
Accelerating Investments for Sustainable Development (Martin Dietrich Brauch: panelist): spoke about the challenges and opportunities of sustainable investment in the context of the zero-carbon energy transition, including the need to move away from investment protection and arbitration and toward investment governance, phase out fossil energy investment, and strengthen climate-related disclosures. Webinar hosted by the Columbia Global Center | Beijing, June 8, 2022.
Taking Equity into Account in International and Domestic Legal Frameworks on Compensation for Climate Change and the Energy Transition (Martin Dietrich Brauch). 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 (Martin Dietrich Brauch, 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. International and domestic legal frameworks will 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.
Aligning Investment and Climate Goals: Where Does the Energy Charter Treaty Modernization Stand? (Martin Dietrich Brauch: panelist): presented about moving away from investment protection and arbitration and toward investment governance. Webinar hosted by the Centre for International Environmental Law (CIEL), ClientEarth, and IISD, April 28, 2022.
Decarbonization: Policies and Practices for Countries and Companies (Martin Dietrich Brauch: co-instructor with Perrine Toledano): led sessions on the global decarbonization agenda, climate policy, and global governance and international law. Online professional learning workshop hosted by the Columbia Climate School in six sessions (March 9, 16, 23, and 30, and April 7 and 15, 2022).
Compensation for a Just Energy Transition to a Zero-Carbon World: Practices and Principles in International (Investment) Law and Domestic Law (Martin Dietrich Brauch: co-host and panelist): presented on possible principles or criteria on compensation for a just energy transition under domestic and international law, taking into account the impact of the transition on workers, communities, states, and companies. Webinar co-hosted by CCSI and the Sabin Center for Climate Change Law, April 14, 2022.
Rethinking the Sustainability of the Clean Energy Transition (Martin Dietrich Brauch: moderator): moderated online session hosted by the SUMASA 11th Annual Climate Symposium “Change The System, Change The Future: Building Prosperity For All In The Decade Of Climate Action,” April 8, 2022.
Circular Economy: Mining Land Potential (Max Lulavy, Perrine Toledano, and Martin Dietrich Brauch). 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 (Martin Dietrich Brauch, 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 (Martin Dietrich Brauch). 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 (Jiarui Chen, Perrine Toledano, and Martin Dietrich Brauch). 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.
Investment Governance for Climate Action and Sustainable Development (Martin Dietrich Brauch: speaker): presented in the seminar “Climate Action Beyond the Climate Change Regime: The Role of Human Rights and Investment Law.” Online event convened by the Guarini Center on Environmental, Energy, and Land Use Law at NYU Law and the University of Copenhagen, and organized as part of the project “Enhancing Climate Action through International Law,” with support from the Independent Research Fund Denmark, February 7, 2022.
2021
Event Highlights: Carbon Border Adjustments in the EU, the U.S., and Beyond (Martin Dietrich Brauch, 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 (Martin Dietrich Brauch and 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 (Maria Rocha, Martin Dietrich Brauch, 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.
The Energy Charter Treaty and EU Growth Policies (Martin Dietrich Brauch: discussant): discussed a policy paper authored by Henrik Horn, Professor of International Economics. Virtual roundtable organized by Fores and the European Liberal Forum (ELF), November 22, 2021.
Carbon Border Adjustments in the EU, U.S., and Beyond (Martin Dietrich Brauch: co-host): co-organized an interactive expert panel on economic, legal, political, and GHG accounting aspects of the EU CBAM and similar mechanisms that may be created elsewhere to combat the climate emergency. Hybrid (online/in-person) event co-hosted by CCSI, Columbia Law School, the Sabin Center for Climate Change Law, and IISD, November 19, 2021.
Harmonizing GHG Disclosures for the Decisive Decade (Martin Dietrich Brauch: speaker): discussed the challenges of greenhouse gas (GHG) accounting and disclosures. Hybrid (online/in-person) event hosted by the Coalition on Materials Emissions Transparency (COMET) at the UN Climate Change Global Innovation Hub Pavilion during COP26 in Glasgow, Scotland, November 5, 2021.
Corporate Alignment to the Paris Agreement: From Ambition to Action (Martin Dietrich Brauch: co-host and panelist): discussed the challenges and risks of diverse carbon accounting methods. Virtual conference hosted by CCSI and the Columbia Climate School, with support from Iberdrola, October 25, 2021.
Dialogue on Linkages in Copper Mining (Diálogo sobre encadenamientos en la minería del cobre) (Martin Dietrich Brauch: speaker): presented in Spanish about shared use of mining infrastructure. Online event at an online event hosted by the UN Economic Commission for Latin America and the Caribbean (ECLAC / CEPAL), October 21, 2021.
International Conference “Energy Charter Treaty vs. Climate Regulation” (Conferência Internacional “Tratado da Carta da Energia vs. Regulação Climática”) (Martin Dietrich Brauch: panelist): presented in Portuguese on the Energy Charter Treaty (ECT). Online event organized by the Universidade Autónoma de Lisboa, September 30, 2021.
Carbon Accounting by Public and Private Financial Institutions: Can We Be Sure Climate Finance Is Leading to Emissions Reductions? (Emily Spittle and Martin Dietrich Brauch). 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 (Jiarui Chen and Martin Dietrich Brauch). 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, Martin Dietrich Brauch, 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 $15 Billion Suit from the Fossil Fuel Industry, It’s Time for President Biden to Take a Decisive Stance (Ella Merrill and Martin Dietrich Brauch). As illustrated by the US$ 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 (Lisa Sachs, Martin Dietrich Brauch, 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.
Executive Training on Extractive Industries and Sustainable Development (EISD 2021) (Martin Dietrich Brauch: project co-lead and instructor): updated the curriculum, liaised with CCSI and guest instructors, and led sessions on “Extractive Industries, Climate Change, and a Just Zero-Carbon Energy Transition” (Climate Day) and “Leveraging Executive Industry Investments for Domestic Infrastructure Needs: Shared Use” (Linkages Day). Online training hosted by CCSI, June 7–18, 2021.
The Case for a Climate-Smart Update of the Africa Mining Vision (Perrine Toledano, Martin Dietrich Brauch, 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.
ECT course – Week 5 – Fixing, leaving or killing the ECT? (Martin Dietrich Brauch: speaker): presented the article “Should the European Union Fix, Leave or Kill the ECT” at the final session of a five-week ECT course. Online event hosted by Corporate Europe Observatory (CEO), Transnational Institute (TNI), and PowerShift, May 13, 2021.
Remuneration of International Adjudicators (Martin Dietrich Brauch). 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? (Martin Dietrich Brauch). 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 (Solina Kennedy, Martin Dietrich Brauch, 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 (Martin Dietrich Brauch and 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; aailable in PDF, November 2020.
Civil Society and International Investment Arbitration: Tracing the Evolution of Concern (Nathalie Bernasconi, Martin Dietrich Brauch, 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.
Reforming International Investment Law for Climate Change Goals (Martin Dietrich Brauch). 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, 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? (Perrine Toledano, Martin Dietrich Brauch, 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.
Executive Training on Extractive Industries and Sustainable Development (EISD 2020) (Martin Dietrich Brauch: co-instructor, with Perrine Toledano): co-led sessions on “The Role of Extractive Industries in a Carbon-Constrained World” and “Leveraging Executive Industry Investments for Domestic Infrastructure Needs: Shared Use.” Online training hosted by CCSI, June 1–12, 2020.
Don’t Throw Caution to the Wind: In the Green Energy Transition, Not All Critical Minerals Will Be Goldmines (Perrine Toledano, Martin Dietrich Brauch, 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 (Martin Dietrich Brauch). 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: Martin Dietrich Brauch). 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.
Geneva Seminar: Joint Statement Initiative on Investment Facilitation (Martin Dietrich Brauch: speaker): delivered the presentation “Identifying Key Development Issues in Relation to a Potential Outcome of the Negotiations,” based on a co-authored negotiating brief on the history and latest developments in the structured discussions in the World Trade Organization (WTO). In-person seminar hosted by IISD, as part of the TAF2+ Umbrella Grant Project on New WTO Issues, with funding by UK aid from the UK Government, in Geneva, Switzerland, January 28, 2020.
The Energy Charter Treaty: To ‘Modernize’ or to Exit? (Martin Dietrich Brauch: moderator and speaker): analyzed the history of the ECT, the modernization process, and reform options from a climate action perspective. Webinar hosted by IISD, January 22, 2020.
Expert Meeting on the New Proposed Arab Regional Investment Agreement (Martin Dietrich Brauch: invited expert): led two English-language presentations on international investment law topics: one on treatment of investment, presenting best practices and approaches that Arab could consider with respect to three types of investment treaty clauses: national treatment, MFN treatment, and FET; and another on the settlement of disputes, presenting in particular three approaches: reformed investor–state arbitration, state–state arbitration only, or an investment court. In-person event hosted by UNCTAD in cooperation with the Islamic Development Bank (IsDB) and the League of States (LAS) in Rabat, Morocco, January 14–15, 2020.
Investment Facilitation: History and the latest developments in the structured discussions (Sofia Baliño, Martin Dietrich Brauch, 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: Martin Dietrich Brauch). 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 (Martin Dietrich Brauch). 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: Martin Dietrich Brauch). 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.
CARICOM Forum on International Investment Agreements (IIAs) (Martin Dietrich Brauch: co-host and instructor): co-developed the agenda as the main IISD representative; provided media support (webpage and social media) at the event; coordinated with other experts; led English-language sessions and breakout group exercises on expropriation and damages; umbrella clauses; national treatment and most-favored-nation (MFN) treatment; and IIA reform. In-person event co-hosted by the CARICOM Secretariat, IISD, UNCTAD, and the Commonwealth Secretariat in Bridgetown, Barbados, September 30–October 2, 2019.
Toward a Code of Conduct for Investment Adjudicators: Can ethical standards salvage ISDS? (Martin Dietrich Brauch). 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 (Martin Dietrich Brauch). 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 (Howard Mann and Martin Dietrich Brauch). 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 by CCSI in Columbia FDI Perspectives, No. 259, August 26, 2019. Also available at Madhyam and IISD.
National Capacity-Building Workshop: International Investment Agreements, Investor-State Arbitration, and the Strategic Management of Investor-State Disputes (Taller de Construcción de Capacidades Nacionales: Acuerdos Internacionales de Inversión, Arbitraje Inversor-Estado, Negociación Estratégica y Reforma del Régimen de Inversiones) (Martin Dietrich Brauch: co-host and instructor): co-developed the agenda as the main IISD representative; provided logistical and media support (webpage and social media) at the event; coordinated with the two external experts hired; led several Spanish-language sessions on international investment law and dispute settlement topics. In-person workshop hosted by IISD and the Paraguayan Ministry of Foreign Affairs in Asunción, Paraguay, July 29–31, 2019.
Investment Treaty News (ITN), Volume 10, Issue 2, June 2019 (editor-in-chief: Martin Dietrich Brauch). 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.
Seminar: A Low-Carbon Society Through International Law (Martin Dietrich Brauch: invited expert): presented as Team Captain of The Creative Disrupters, one of the winning teams of the first edition of the Stockholm Treaty Lab prize. In-person event hosted by the Arbitration Institute of the Stockholm Chamber of Commerce, Stockholm Treaty Lab, and the Haga Initiative at the Stockholm Chamber of Commerce in Stockholm, Sweden, May 16, 2019.
Investment Treaty News (ITN), Volume 10, Issue 1, April 2019 (editor-in-chief: Martin Dietrich Brauch). 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 (Nathalie Bernasconi-Osterwalder, Martin Dietrich Brauch, 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 (Nathalie Bernasconi-Osterwalder, Sofía Baliño, and Martin Dietrich Brauch). March 2019.
Capacity-Building Workshop (Videoconference): Bolivia’s Participation in UNCITRAL Working Group III (Reform of the Investor–State Dispute Settlement System) (Taller de Capacitación (videoconferencia): Participación de Bolivia en el Grupo de Trabajo III de la CNUDMI (Reforma del sistema de solución de controversias entre inversionistas y Estados)) (Martin Dietrich Brauch: co-host and speaker): co-developed the agenda as the main IISD representative and led a Spanish-language session on the background to the work of Working Group III on ISDS reform and the final discussion by Bolivian officials regarding the preparation of the country’s strategy in advance of the New York meeting. Online event co-hosted by IISD, the Bolivian Ministry of Foreign Affairs (Ministerio de Relaciones Exteriores), and the Bolivian Office of the Attorney-General (Procuraduría General del Estado), March 21, 2019.
12th Annual Forum of Developing Country Investment Negotiators: “Shifting International Investment Law Toward Sustainable Development” (Martin Dietrich Brauch: co-host and speaker): co-led the logistics and spoke on the panel “Understanding ongoing multilateral and regional processes in investment treaty law and policy.” In-person event co-organized by the National Agency for the Legal Defence of the State, Colombia, IISD, and the South Centre in Cartagena, Colombia, February 27–March 1, 2019.
Redesigning the Energy Charter Treaty to Advance the Low-Carbon Transition (Nathalie Bernasconi-Osterwalder and Martin Dietrich Brauch), published in Transnational Dispute Management (TDM) 1 (2019). Also available at SSRN and IISD. February 2019.
SADC-IISD Investment Facilitation Workshop (Martin Dietrich Brauch, Howard Mann, and Nathalie Bernasconi-Osterwalder). Workshop report of the first meeting on the issue of investment facilitation held at the SADC regional level. Published by IISD, February 2019.
Treaty on Sustainable Investment for Climate Change Mitigation and Adaptation: Aligning International Investment Law with the Urgent Need for Climate Change Action (Martin Dietrich Brauch, 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, 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 (Martin Dietrich Brauch). 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.
Workshop on International Investment Agreements, Investor–State Arbitration and Strategic Negotiations on Investment (Taller sobre Acuerdos Internacionales de Inversión, Arbitraje Inversor-Estado y Negociación Estratégica en Materia de Inversiones) (Martin Dietrich Brauch: co-host and instructor): co-developed the agenda as the main IISD representative; provided logistical and media support (webpage and social media) at the event; coordinated with external experts; led various Spanish-language sessions on international investment law and dispute settlement topics; and presented on reform of the international investment regime in an international conference organized by the Government of Bolivia at the presidential palace in La Paz. In-person event organized by IISD in collaboration with the Attorney General’s Office and the Ministry of Foreign Affairs of Bolivia in La Paz, Bolivia, December 3–6, 2018.
Investment Treaty News (ITN), Volume 9, Issue 4, December 2018 (editor-in-chief: Martin Dietrich Brauch). 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) (Nathalie-Bernasconi-Osterwalder, Joe Zhang, and Martin Dietrich Brauch). 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. Published by IISD, November 2018.
Investment Treaty News (ITN), Volume 9, Issue 3, October 2018 (editor-in-chief: Martin Dietrich Brauch). 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-editors: Nathalie Bernasconi-Osterwalder and Martin Dietrich Brauch). 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. Published by IISD, October 2018.
Tackling Climate Change Through Sustainable Investment: All in a Treaty? (Martin Dietrich Brauch). Published by IISD in SDG Knowledge Hub, August 2018.
Treaty on Sustainable Investment for Climate Change Mitigation and Adaptation (lead author: Martin Dietrich Brauch, for 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: Martin Dietrich Brauch). 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 (Martin Dietrich Brauch). 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: Martin Dietrich Brauch). 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.
Capacity-Building Seminar on Investment Treaties and Contracts – Maputo, Mozambique (Seminário de Formação em Matéria de Tratados e Acordos Internacionais de Investimento – Maputo, Moçambique) (Martin Dietrich Brauch: co-host and instructor): co-developed the agenda as the main IISD representative; provided logistical and media support (webpage and social media) at the event; coordinated with other experts; and led various Portuguese-language sessions and breakout group exercises on international investment law and dispute settlement topics. In-person event hosted by IISD and the Agency for Investment and Expert Promotion (APIEX) of Mozambique in Maputo, Mozambique, April 18–20, 2018.
11th Annual Forum of Developing Country Investment Negotiators: “The Changing World of Investment Negotiations: From Bilateral Protection to…?” (Martin Dietrich Brauch: co-host): co-led the logistics and facilitated two break-out sessions: “What is the optimal breadth of negotiations for developing countries and why?” and “What should be the priorities of developing country investment negotiations?”. In-person event co-organized by the Kenya Investment Authority (KenInvest), IISD, and the South Centre in Nairobi, Kenya, February 7–9, 2018.
2017
Investment Treaty News Quarterly (ITN), Volume 8, Issue 4, December 2017 (editor-in-chief: Martin Dietrich Brauch). 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 (Martin Dietrich Brauch). 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. Published by IISD, December 2017.
Contracts for Sustainable Infrastructure: Ensuring the economic, social and environmental co-benefits of infrastructure investment projects (Martin Dietrich Brauch). 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. Published by IISD, December 2017.
Is “Moonlighting” a Problem? The role of ICJ judges in ISDS (Nathalie Bernasconi and Martin Dietrich Brauch). 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. Published by IISD, November 2017.
International Seminar on the Audit of the Treaties on Reciprocal Protection of Investments and Other Ecuadorian Initiatives (Seminario Internacional sobre la Auditoria de los Tratados de Protección Recíproca de Inversiones y Otras Iniciativas de Ecuador en la Materia) (Martin Dietrich Brauch: invited expert): presented on trends in treaties and treaty models, including clauses on responsible investment for sustainable development, and on the IISD-led process for the creation of a “comprehensive and inclusive” mechanism for investment-related dispute settlement. In-person seminar organized by Movimiento Social Jubileo 2000 Red Ecuador and the Ministry of Foreign Relations and Human Mobility of the Republic of Ecuador in Guayaquil, Ecuador, October 5–6, 2017.
Investment Treaty News Quarterly (ITN), Volume 8, Issue 3, September 2017 (editor-in-chief: Martin Dietrich Brauch). 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.
Meeting of Negotiators on Investment Agreements and Dispute Settlement (Encuentro de Negociadores en Materia de Tratados y Controversias de Inversiones) (Martin Dietrich Brauch: co-host and speaker): co-designed the agenda and provided logistical and media support (webpage and social media) at the event; supported IISD’s Nathalie Bernasconi-Osterwalder by supplying background information and helping in the preparation of her presentations and the group exercise led by her; and led a Spanish-language session on post-establishment national treatment and most-favored-nation (MFN) treatment obligations in investment treaties. In-person meeting co-hosted by IISD and the Secretariat of International Economic Relations of the Ministry of Foreign Affairs and Worship of the Argentine Republic in Buenos Aires, Argentina, September 13–15, 2017.
Investment-Related Dispute Settlement: Lessons from international accountability mechanisms (Nathalie Bernasconi, Martin Dietrich Brauch, and Joe Zhang). Investment-Related Dispute Settlement: Results of an Expert Meeting held in Washington, D.C., United States, April 11, 2017. Published by IISD, July 2017.
Investment Treaty News Quarterly (ITN), Volume 8, Issue 2, June 2017 (editor-in-chief: Martin Dietrich Brauch). 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 (Martin Dietrich Brauch). 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: Martin Dietrich Brauch). 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 (Martin Dietrich Brauch). 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. Published by IISD, January 2017.
UNASUR-IISD Workshop on the Settlement of Investment Disputes (Taller UNASUR-IISD sobre Solución de Controversias en Materia de Inversiones) (Martin Dietrich Brauch: co-host and speaker): co-led the logistics of the Spanish-language workshop, delivered welcome remarks on behalf of IISD, and led the session “Beyond Investor–State Arbitration: Alternatives for dispute settlement” (Más allá del arbitraje inversionista-Estado: Alternativas para la solución de controversias). In-person workshop organized by IISD in collaboration with the General Secretariat of the Union of South American Nations (UNASUR) at the UNASUR headquarters, in Quito, Ecuador, January 25, 2017.
2016
Comparative Commentary to Brazil’s Cooperation and Investment Facilitation Agreements (CIFAs) with Mozambique, Angola, Mexico, and Malawi (Nathalie Bernasconi and Martin Dietrich Brauch). Transnational Dispute Management, 2, 2016.
Brazil’s Cooperation and Investment Facilitation Agreements with Mozambique, Angola, and Mexico: A Comparative Overview (Martin Dietrich Brauch). 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: Martin Dietrich Brauch). 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.
Regional Capacity-Building Workshop for Latin America: Investment Negotiations, International Investment Agreements (IIAs) and Investor–State Arbitration (Taller Regional de Formación para América Latina: Negociaciones en Materia de Inversiones, Acuerdos Internacionales de Inversión y Arbitraje Inversionista-Estado) (Martin Dietrich Brauch: co-host and instructor): led the logistics, led various Spanish-language sessions and breakout group exercises on international investment law and dispute settlement topics; and drafted the outcome document (hoja de ruta). In-person event co-hosted by IISD, UNCTAD, and the Foreign Investment Directorate for the Ministry of Trade, Industry, and Tourism (MinCIT) of the Government of Colombia in Bogotá, Colombia, November 28–30, 2016.
10th Annual Forum of Developing Country Investment Negotiators: “Reshaping Investment Law and Policy to Support the 2030 Development Agenda” (Martin Dietrich Brauch: co-host): co-led the logistics and co-drafted the meeting report. In-person event organized by IISD and the South Centre and co-hosted by the Board of Investment of Sri Lanka in Colombo, Sri Lanka, November 7–9, 2016.
Mining a Mirage? Reassessing the shared-value paradigm in light of the technological advances in the mining sector (Aaron Cosbey, Howard Mann, Nicolas Maennling, Perrine Toledano, Jeff Geipel, and Martin Dietrich Brauch). 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. Published by IISD, October 2016.
Investment-Related Dispute Settlement: Towards an inclusive multilateral approach (Nathalie Bernasconi, Joe Zhang, and Martin Dietrich Brauch). This document outlines results from an IISD expert meeting discussing investment-related dispute settledment which was held in Montreux, Switzerland, May 23–24, 2016. Published by IISD, October 2016.
Venezuela ordered to pay US$1.202 billion plus interest to Canadian mining company Crystallex for FET breach and expropriation (Martin Dietrich Brauch). 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 (Martin Dietrich Brauch). 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 (Martin Dietrich Brauch). 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: Martin Dietrich Brauch). 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 (Martin Dietrich Brauch). 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: Martin Dietrich Brauch). 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 (Martin Dietrich Brauch). 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: Martin Dietrich Brauch). 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.
9th Annual Forum of Developing Country Investment Negotiators: “Investment Treaties in a State of Flux: Strategies and opportunities for developing countries” (Martin Dietrich Brauch: co-host): led the logistics. In-person event co-organized by the Government of Brazil, IISD, and the South Centre in Rio de Janeiro, Brazil, November 16–18, 2015.
Brazil’s Innovative Approach to International Investment Law (Martin Dietrich Brauch and 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 (Nathalie Bernasconi and Martin Dietrich Brauch). 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 (Martin Dietrich Brauch). 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: Martin Dietrich Brauch). 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 (Martin Dietrich Brauch). 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 (Martin Dietrich Brauch). 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: Martin Dietrich Brauch). 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 República Dominicana (Martin Dietrich Brauch). 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: Martin Dietrich Brauch). 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 (Nathalie Bernasconi and Martin Dietrich Brauch). 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 (Martin Dietrich Brauch). 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.
8th Annual Forum of Developing Country Investment Negotiators: “Investment Treaties and Economic Development: Growing conflicts and options for coherence” (Martin Dietrich Brauch: co-host): supported the logistics and co-drafted the meeting report. In-person event co-organized by the Government of
Liberia, IISD, and the South Centre in Montreux, Switzerland, November 5–7, 2015.
Yukos v. Russia: Issues and legal reasoning behind US$50 billion awards (Martin Dietrich Brauch). Published in Investment Treaty News (ITN). Available in English on the web and in PDF. Republished by bilaterais.org. September 2014.
Training Course: Building Capacity to Implement the Mining Policy Framework in the Dominican Republic (Curso de Capacitación: Construyendo Capacidades para Implementar el Marco de Políticas Mineras en la República Dominicana) (Martin Dietrich Brauch: rapporteur): attended all sessions of the training course, which focused on building capacity to implement the Mining Policy Framework (MPF) assessment, and drafted the event report in Spanish. In-person training course hosted by the Intergovernmental Forum on Mining, Minerals, Metals, and Sustainable Development (IGF) and the Mining Directorate of the Ministry of Energy and Mines of the Dominican Republic in Santo Domingo, Dominican Republic, September 15–19, 2014.
Bolivia’s new investment promotion law through the eyes of UNCTAD’s IPFSD (Martin Dietrich Brauch). Published by UNCTAD. August 2014.
Opening the Door to Foreign Investment? An Analysis of Bolivia’s New Investment Promotion Law? (Martin Dietrich Brauch). 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 & earlier
Opportunities for Sustainable Public Procurement in Mozambique (Martin Dietrich Brauch). 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.
Sustainable Public Procurement in the Sao Paulo State Government: Policy Brief (Martin Dietrich Brauch). 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 (Martin Dietrich Brauch). 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 (Martin Dietrich Brauch and 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.
Georgia loses dispute with Greek and Israeli oil investors (Martin Dietrich Brauch). 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 (Martin Dietrich Brauch). 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 (Martin Dietrich Brauch). 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 (Martin Dietrich Brauch). 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.
La dynamique spatiale de la croissance économique au Brésil (1970-2000) : Une approche empirique (Martin Dietrich Brauch and Leonardo Monteiro Monasterio). Published by Armand Colin in French in Revue d’économie régionale & urbaine, 1/2009, pp. 7–29.
Spatial dynamics of economic growth in Brazil (1970-2000): An empirical approach (Martin Dietrich Brauch and Leonardo Monteiro Monasterio). English version available at Núcleo de Estudos e Modelos Espaciais Sistêmicos (NEMESIS). 2007.
Martin Dietrich Brauch 