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March 25, 2022

Young EFILA Submission to the OECD Consultation on Investment Treaties & Climate Change

Emma Iannini recently contributed, along with co-authors Agata Daszko, Isabel San Martin, Özge Varis, & Guofang Xue, to Young European Federation for Investment Law and Arbitration (Young EFILA)'s submission to the Organization for Economic Cooperation and Development (OECD)'s consultation on investment treaties and climate change. Young EFILA's submission provides concrete proposals for investment treaty reform for the OECD and its Member States to consider during the consultation. The submission discusses topics including: (i) whether fossil fuels should continue to receive investment treaty protection; (ii) whether future bilateral investment treaties (BITs) and multilateral investment agreements (MIAs) should include broader and more flexible amicus curiae provisions; (iii) whether and how future BITs and MIAs should be harmonized with the goals of the United Nations Sustainable Development Goals (SDGs); (iv) whether future BITs and MIAs should include "non-regression" provisions; and (v) whether environmental impact assessment (EIA) standards and obligations should be incorporated into BITs and MIAs.

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