{"id":1534,"date":"2024-10-11T10:15:46","date_gmt":"2024-10-11T08:15:46","guid":{"rendered":"https:\/\/www.uni.lu\/lcel-en\/?post_type=news&p=1534"},"modified":"2024-10-11T10:15:47","modified_gmt":"2024-10-11T08:15:47","slug":"prof-hebie-explores-climate-change-clauses-in-international-investment-agreements","status":"publish","type":"news","link":"https:\/\/www.uni.lu\/lcel-en\/news\/prof-hebie-explores-climate-change-clauses-in-international-investment-agreements\/","title":{"rendered":"Prof. H\u00e9bi\u00e9 Explores Climate Change Clauses in International Investment Agreements"},"content":{"rendered":"\n
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We were pleased to welcome Professor H\u00e9bi\u00e9<\/a>, for a one-week research stay in October, as a Distinguished Visiting Scholar<\/a>. During his visit, he delivered an insightful presentation to LCEL staff and members of the Faculty of Law, Economics, and Finance<\/a> (FDEF).<\/p>\n\n\n\n

In his presentation, Professor H\u00e9bi\u00e9 examined the extent to which states have included the climate emergency in their international investment agreements. His analysis included a comprehensive review of 71 such agreements that contain wording on climate change. The results show that states are cautious to address climate change. On the one hand, they have not created strong legal obligations in relation to climate change. On the other hand, they tried to avoid that their actions on climate change could lead to liability before investment tribunals.<\/p>\n\n\n\n

Professor H\u00e9bi\u00e9’s presentation stimulated a discussion on how these agreements can be used more effectively to support global climate action and on the need for stronger commitments that align the international investment framework with the urgency of the climate crisis.<\/p>\n\n\n\n

We reached out to Prof. H\u00e9bi\u00e9 to learn more about his research stay at LCEL, the insights from his presentation, and his thoughts on how international investment agreements can better support climate action.<\/p>\n\n\n\n

\nWhat prompted you to choose the LCEL and its library (research infrastructure) for your research?<\/strong><\/h4>\n\n\n\n

The LCEL is well-known for its excellent international law library and the great facilities that it offers to visiting scholars. This is what prompted me to come to LCEL. But the warm welcome, the friendly and studious atmosphere made me realise that I should have extended my one-week stay to two.<\/p>\n\n\n\n

\nIn what ways do you envision integrating the knowledge and experiences gained during your research stay into your future academic work?<\/strong><\/h4>\n\n\n\n

During my stay, I worked primarily on a draft article on climate change clauses in international investment agreements. The resources that I reviewed at LCEL will therefore contribute to completing my bibliography and references. The discussions with LCEL colleagues have provided me with food for thought and will enrich even further my findings.<\/p>\n\n\n\n

\nYou gave a presentation on \u2018Mapping Climate Change Clauses in International Investment Agreements\u2019 to our LCEL staff and colleagues from the Faculty of Law, Economics and Finance. In your opinion, what are the urgent challenges for international investment agreements to make an effective contribution to the global fight against climate change, given the reluctance of states to date?<\/strong><\/h4>\n\n\n\n

The main limit to the effective contribution of these clauses to the fight against climate change is their wording. The large majority of these clauses, even when they are worded in binding terms, are obligations \u201cto strive for\u201d, to work together\u201d, \u201cto cooperate\u201d, \u201cto facilitate\u201d, hardly the kind of obligations that could help mobilise fully foreign direct investments and law in the fight against climate change. Of course, there are treaty clauses that are more affirmative, especially the clauses that seek to protect states\u2019 right to regulate and those that provide for safeguards and general exceptions. But in general, the investment treaty climate change clauses don\u2019t appear to live up to the urgency of climate change.<\/p>\n\n\n\n

I therefore believe that States should reflect further on whether they want to subject green and non-green investments to the same legal regime of facilitation and protection in light of the existential threat for humanity that is climate change. Answering this question will be crucial in determining the level of substantive and procedural standards of protection that is necessary to attract investments in green investments. It will also allow states to consider what it takes to discourage non-green investments.<\/p>\n\n\n\n

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