Energy & environment

Most investor-state disputes (ISDS) have concerned environmental matters. As of end of 2014, about 41% of all ICSID cases were energy and natural resources-related.

Most well-known cases include:

• Lone Pine Resources (US) vs. Canada: the investor challenged Quebec’s moratorium on the controversial practice of hydraulic fracturing, or fracking, for natural gas. The provincial government declared the moratorium in 2011 so as to conduct an environmental impact assessment of the extraction method widely accused of leaching chemicals and gases into groundwater and the air. Case pending (NAFTA invoked).

• Bilcon (US) vs. Canada: the US industry challenged Canadian environmental requirements affecting their plans to open a basalt quarry and a marine terminal in Nova Scotia. Bilcon won – damages still pending (NAFTA invoked).

• Vattenfall (Sweden) vs. Germany: in 2007 the Swedish energy corporation was granted a provisional permit to build a coal-fired power plant near the city of Hamburg. In an effort to protect the Elbe river from the waste waters dumped from the plant, environmental restrictions were added before the final approval of its construction. The investor initiated a dispute, arguing it would make the project unviable. The case was ultimately settled in 2011, with the city of Hamburg agreeing to the lowering of environmental standards (ECT invoked).

(October 2015)

CADTM | 17-May-2019
Si hay algún caso que evidencie la ofensiva de las empresas transnacionales contra la vida y la democracia ese es, sin duda, el caso Chevron.
European Commission | 15-May-2019
The European Commission adopted a proposal for a Council Decision authorising negotiations to modernise the Energy Charter Treaty (ECT), to which the EU is part.
ISDS América Latina | 14-May-2019
22 de los 42 países en la región ya han sido demandados a través del sistema de arbitraje de inversores (ISDS). El 73,8% de las demandas fueron hacia Argentina, Venezuela, México, Ecuador, Bolivia y Perú.
Reuters | 14-May-2019
Poland’s prime minister and other government officials will meet to discuss a threat by Australia’s Prairie Mining to sue Warsaw over difficulties it faced in developing coal projects
Inequality | 13-May-2019
In more than two-thirds of the mining-related lawsuits against governments in the region, communities have actively organizing against the mining activities.
Business Recorder | 9-May-2019
The Government of Pakistan has reportedly created an Escrow Account worth $ 150 million to avert a negative ruling by the international arbitration tribunal in case of M/s Kakey uriterium rental power plant
Yahoo | 9-May-2019
Frozen assets securing a $532 million award against Republic of Kazakhstan.
UNSW | 7-May-2019
A former investment treaty between India and Australia allows for a legal claim if the mine doesn’t go ahead, but this shouldn’t deter a federal government, says a UNSW Law researcher.
Mining Watch | 2-May-2019
We analyzed 38 multi-million dollar claims brought by the mining industry using ISDS and other investment protection laws; in over half, communities are fighting to protect Indigenous territory, water, and more.
Behind the Numbers | 2-May-2019
Canadian investors have frequently used the ISDS system to pursue their commercial interests abroad—too often to challenge responsible government policies taken in the public interest in developing countries.

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