We analyze the role of international investment law and policy in a just transition.

At CGSL, we analyze the pivotal role of international investment law in facilitating a just and equitable transition. We recognize that while trillions of dollars in private capital are required to meet global climate goals, the existing regime of International Investment Agreements (IIAs) often presents a dual challenge: it can provide the stability needed for “green” investments, yet it can also trigger “regulatory chill” through the threat of investor-state dispute settlements (ISDS). Our work focuses on reforming this landscape to ensure that investment protection does not come at the cost of a state’s right to regulate for the common good.

Our expertise moves beyond traditional treaty analysis to architecting the next generation of investment policy. We focus on aligning IIAs with the Paris Agreement and the SDGs, particularly within Emerging Markets and Developing Economies (EMDEs). CGSL experts draft informed proposals that incorporate environmental non-regression clauses, carve-outs for climate measures, and enforceable investor obligations regarding human rights and sustainability. By deconstructing the complexities of “Fair and Equitable Treatment” (FET) and indirect expropriation, we help governments and investors move toward a “glocal” governance model; one where international law serves as a robust catalyst for a truly just transition.

We help to navigate the “investment battlefield” through the following strategic domains:

• Treaty Reform & Architecture: Analysis of “New Generation” IIAs that prioritize sustainable development and right-to-regulate clauses.
• Dispute Mitigation (ISDS): Legal intelligence on climate-related arbitrations and strategies to prevent litigation from thwarting national transition policies.
• Incentive Governance: Evaluating the legal principles behind green tax incentives, carbon-management registries, and sustainable finance mobilization.
• Investor Accountability: Frameworks for embedding ESG, human rights, and environmental due diligence as binding obligations within investment treaties