Kyla Tienhaara
Biographic Data
| ID | 211440 |
|---|---|
| NAME | Kyla Tienhaara |
| GIVEN NAMES | Kyla |
| FAMILY NAME | Tienhaara |
| SIGNATURE | TIENHAARA K |
| AFFILIATIONS | Queen's University |
| ORCID | 0000-0001-7148-7686 |
| VERIFIED | Yes |
| TOTAL WORKS | 17 |
| TOTAL CITATIONS | 74 |
| AUTHOR COUNT | 17 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2006 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 5 |
Radical Reform of the International Investment Treaty Regime
There is growing concern that provisions in international investment treaties are being used to delay the critically needed transition away from fossil fuels. Although various procedural and substantive reforms have been pursued in recent years, these reforms have thus far failed to tackle the fundamental problems with investment treaties and the investor‐state dispute settlement (ISDS) system associated with them. By way of an alternative approa…
Reconsidering Icsid in the Context of Global Just Transitions
One global institution that has been largely neglected in the literature on just transitions is the International Centre for Settlement of Investment Disputes (ICSID), the most utilized forum for arbitrating disputes between foreign investors and states. ICSID tribunals play a role in determining the distribution of costs and benefits of the energy transition. This article develops a framework for understanding this role and surveys disputes that…
Investment law v. supply-side climate policies
New fossil fuel developments are inconsistent with keeping global warming below 1.5 °C, and while most climate policies focus on reducing demand for fossil fuels, an emerging transversal consensus promotes efforts to simultaneously reduce supply. In this article, we discuss the obstacles to effective supply-side climate policies posed by international investment treaties that protect corporations against state interventions through investor-state…
Beyond ‘Once BITten, Twice Shy’
Investment protection is a contentious issue in trade and investment negotiations due in large part to controversy surrounding investor-state dispute settlement (ISDS). Governments have taken a range of positions on ISDS—from opposing moderate reforms to the system to the outright rejection of it. Extant research suggests that countries which experience costly investor claims are more likely to be circumspect about it. Case studies of Australia a…
Fossil capital, ‘unquantifiable risk’ and neoliberal nationalizations
Nationalization was once anathema to neoliberals and the hydrocarbon-based corporations long closely integrated with the neoliberal project. Indeed, the origins of neoliberal advocacy for global economic liberalisation can be traced, at least in part, to the resistance of oil multinationals to nationalist governments attempting to assert ownership and control over natural resources. It is therefore striking that calls are now mounting from this q…
Nafta 2.0
This Perspective examines some of the most significant changes in the renegotiated North America Free Trade Agreement and the implications of these changes for environmental governance
The potential perils of forest carbon contracts for developing countries
The importance of law, and investment contracts in particular, has been noted in recent discussions around ‘land grabbing’. This article extends a legal analysis to what has been termed ‘green grabbing’ in this special issue and argues that the contracts that shape foreign investment in carbon sequestration projects can pose substantial material risks for governments, local communities and even the environment. Investment contracts also present a…
Volume 24 Index
Risky Business? The Energy Charter Treaty, Renewable Energy, and Investor-State Disputes
Global energy governance has received increased attention from scholars and policymakers in recent years. Much of the discussion has focused on the inadequacy of the current institutional architecture, particularly in light of the urgent need to decarbonize energy systems. However, little attention has been given to the capacity of global institutions to promote investment in renewable energy. This article considers claims by proponents of the En…
Regulatory Chill in a Warming World
The system of investor-state dispute settlement (ISDS) found in over 3,000 bilateral investment treaties and numerous regional trade agreements has been criticized for interfering with the rights of sovereign states to regulate investment in the public interest, for example, to protect the environment and public health. This article argues that while much of the public debate around ISDS has focused on a small number of cases that have arisen ove…
Varieties of green capitalism
In the wake of the global financial crisis, interest in the relationship between the economy and the environment substantially increased. Several proposals emerged between 2008 and 2012 for the creation of a ‘Green New Deal’, ‘Green Stimulus’, and a ‘Green Economy’. These proposals are often conflated with one another under the rubric of ‘green capitalism’, but there are important distinctions to be made between them. Each suggests a different ro…
The potential perils of forest carbon contracts for developing countries
The importance of law, and investment contracts in particular, has been noted in recent discussions around 'land grabbing'. This paper extends a legal analysis to what has been termed 'green grabbing' in this special issue and argues that the contracts that shape foreign investment in carbon sequestration projects can pose substantial material risks for governments, local communities and even the environment. Investment contracts also present a f…
Once BITten, twice shy
Over the past half-century, but particularly in the last two decades, states have signed a considerable number of bilateral investment treaties (BITs), as well as a smaller number of bilateral and regional free trade agreements containing provisions on investment protection. These agreements are primarily enforced through an arbitration process known as investor–state dispute settlement. As a result, in nearly every country in the world some sove…
Too Little, Too Late? International Oversight of Contract Negotiations in Post-conflict Liberia
International actors involved in transitional post-conflict situations often focus their attention on the reconstruction of a state's political apparatus. Even where control of natural resources is central to the conflict, there tends to be less consideration of resource governance issues in transitional periods. This article examines one particular aspect of resource governance – the negotiation and signing of foreign investment contracts – in t…
Mineral investment and the regulation of the environment in developing countries
This article examines the relationship between foreign direct investment in the mineral sector and environmental regulation in developing countries. It argues that two major trends in global mineral investment have emerged in recent years: increased competition amongst developing countries to attract mineral investment, and the development and proliferation of a standard set of legal protections for mineral investors including access to internati…
Investment for sustainable development
What You Don't Know Can Hurt You
Recent years have seen a substantial increase in investor-state disputes. In many cases matters of public interest, including environmental regulations, are being tried. While it is crucial to assess the outcomes of investor-state disputes that involve matters of public policy, the procedures followed in investment arbitration make this difficult and, in some cases, impossible. This is relevant not only for researchers, but also crucially for reg…
Varieties of green capitalism
In the wake of the global financial crisis, interest in the relationship between the economy and the environment substantially increased. Several proposals emerged between 2008 and 2012 for the creation of a ‘Green New Deal’, ‘Green Stimulus’, and a ‘Green Economy’. These proposals are often conflated with one another under the rubric of ‘green capitalism’, but there are important distinctions to be made between them. Each suggests a different ro…
The potential perils of forest carbon contracts for developing countries
The importance of law, and investment contracts in particular, has been noted in recent discussions around 'land grabbing'. This paper extends a legal analysis to what has been termed 'green grabbing' in this special issue and argues that the contracts that shape foreign investment in carbon sequestration projects can pose substantial material risks for governments, local communities and even the environment. Investment contracts also present a f…
What You Don't Know Can Hurt You
Recent years have seen a substantial increase in investor-state disputes. In many cases matters of public interest, including environmental regulations, are being tried. While it is crucial to assess the outcomes of investor-state disputes that involve matters of public policy, the procedures followed in investment arbitration make this difficult and, in some cases, impossible. This is relevant not only for researchers, but also crucially for reg…
Regulatory Chill in a Warming World
The system of investor-state dispute settlement (ISDS) found in over 3,000 bilateral investment treaties and numerous regional trade agreements has been criticized for interfering with the rights of sovereign states to regulate investment in the public interest, for example, to protect the environment and public health. This article argues that while much of the public debate around ISDS has focused on a small number of cases that have arisen ove…
Fossil capital, ‘unquantifiable risk’ and neoliberal nationalizations
Nationalization was once anathema to neoliberals and the hydrocarbon-based corporations long closely integrated with the neoliberal project. Indeed, the origins of neoliberal advocacy for global economic liberalisation can be traced, at least in part, to the resistance of oil multinationals to nationalist governments attempting to assert ownership and control over natural resources. It is therefore striking that calls are now mounting from this q…
Mineral investment and the regulation of the environment in developing countries
This article examines the relationship between foreign direct investment in the mineral sector and environmental regulation in developing countries. It argues that two major trends in global mineral investment have emerged in recent years: increased competition amongst developing countries to attract mineral investment, and the development and proliferation of a standard set of legal protections for mineral investors including access to internati…
Beyond ‘Once BITten, Twice Shy’
Investment protection is a contentious issue in trade and investment negotiations due in large part to controversy surrounding investor-state dispute settlement (ISDS). Governments have taken a range of positions on ISDS—from opposing moderate reforms to the system to the outright rejection of it. Extant research suggests that countries which experience costly investor claims are more likely to be circumspect about it. Case studies of Australia a…
Too Little, Too Late? International Oversight of Contract Negotiations in Post-conflict Liberia
International actors involved in transitional post-conflict situations often focus their attention on the reconstruction of a state's political apparatus. Even where control of natural resources is central to the conflict, there tends to be less consideration of resource governance issues in transitional periods. This article examines one particular aspect of resource governance – the negotiation and signing of foreign investment contracts – in t…
Investment law v. supply-side climate policies
New fossil fuel developments are inconsistent with keeping global warming below 1.5 °C, and while most climate policies focus on reducing demand for fossil fuels, an emerging transversal consensus promotes efforts to simultaneously reduce supply. In this article, we discuss the obstacles to effective supply-side climate policies posed by international investment treaties that protect corporations against state interventions through investor-state…
Risky Business? The Energy Charter Treaty, Renewable Energy, and Investor-State Disputes
Global energy governance has received increased attention from scholars and policymakers in recent years. Much of the discussion has focused on the inadequacy of the current institutional architecture, particularly in light of the urgent need to decarbonize energy systems. However, little attention has been given to the capacity of global institutions to promote investment in renewable energy. This article considers claims by proponents of the En…
Mineral investment and the regulation of the environment in developing countries
This article examines the relationship between foreign direct investment in the mineral sector and environmental regulation in developing countries. It argues that two major trends in global mineral investment have emerged in recent years: increased competition amongst developing countries to attract mineral investment, and the development and proliferation of a standard set of legal protections for mineral investors including access to internati…
Investment for sustainable development
What You Don't Know Can Hurt You
Recent years have seen a substantial increase in investor-state disputes. In many cases matters of public interest, including environmental regulations, are being tried. While it is crucial to assess the outcomes of investor-state disputes that involve matters of public policy, the procedures followed in investment arbitration make this difficult and, in some cases, impossible. This is relevant not only for researchers, but also crucially for reg…
Too Little, Too Late? International Oversight of Contract Negotiations in Post-conflict Liberia
International actors involved in transitional post-conflict situations often focus their attention on the reconstruction of a state's political apparatus. Even where control of natural resources is central to the conflict, there tends to be less consideration of resource governance issues in transitional periods. This article examines one particular aspect of resource governance – the negotiation and signing of foreign investment contracts – in t…
Once BITten, twice shy
Over the past half-century, but particularly in the last two decades, states have signed a considerable number of bilateral investment treaties (BITs), as well as a smaller number of bilateral and regional free trade agreements containing provisions on investment protection. These agreements are primarily enforced through an arbitration process known as investor–state dispute settlement. As a result, in nearly every country in the world some sove…
The potential perils of forest carbon contracts for developing countries
The importance of law, and investment contracts in particular, has been noted in recent discussions around 'land grabbing'. This paper extends a legal analysis to what has been termed 'green grabbing' in this special issue and argues that the contracts that shape foreign investment in carbon sequestration projects can pose substantial material risks for governments, local communities and even the environment. Investment contracts also present a f…
Varieties of green capitalism
In the wake of the global financial crisis, interest in the relationship between the economy and the environment substantially increased. Several proposals emerged between 2008 and 2012 for the creation of a ‘Green New Deal’, ‘Green Stimulus’, and a ‘Green Economy’. These proposals are often conflated with one another under the rubric of ‘green capitalism’, but there are important distinctions to be made between them. Each suggests a different ro…
The potential perils of forest carbon contracts for developing countries
The importance of law, and investment contracts in particular, has been noted in recent discussions around ‘land grabbing’. This article extends a legal analysis to what has been termed ‘green grabbing’ in this special issue and argues that the contracts that shape foreign investment in carbon sequestration projects can pose substantial material risks for governments, local communities and even the environment. Investment contracts also present a…
Volume 24 Index
Risky Business? The Energy Charter Treaty, Renewable Energy, and Investor-State Disputes
Global energy governance has received increased attention from scholars and policymakers in recent years. Much of the discussion has focused on the inadequacy of the current institutional architecture, particularly in light of the urgent need to decarbonize energy systems. However, little attention has been given to the capacity of global institutions to promote investment in renewable energy. This article considers claims by proponents of the En…
Regulatory Chill in a Warming World
The system of investor-state dispute settlement (ISDS) found in over 3,000 bilateral investment treaties and numerous regional trade agreements has been criticized for interfering with the rights of sovereign states to regulate investment in the public interest, for example, to protect the environment and public health. This article argues that while much of the public debate around ISDS has focused on a small number of cases that have arisen ove…
Nafta 2.0
This Perspective examines some of the most significant changes in the renegotiated North America Free Trade Agreement and the implications of these changes for environmental governance
Fossil capital, ‘unquantifiable risk’ and neoliberal nationalizations
Nationalization was once anathema to neoliberals and the hydrocarbon-based corporations long closely integrated with the neoliberal project. Indeed, the origins of neoliberal advocacy for global economic liberalisation can be traced, at least in part, to the resistance of oil multinationals to nationalist governments attempting to assert ownership and control over natural resources. It is therefore striking that calls are now mounting from this q…
Beyond ‘Once BITten, Twice Shy’
Investment protection is a contentious issue in trade and investment negotiations due in large part to controversy surrounding investor-state dispute settlement (ISDS). Governments have taken a range of positions on ISDS—from opposing moderate reforms to the system to the outright rejection of it. Extant research suggests that countries which experience costly investor claims are more likely to be circumspect about it. Case studies of Australia a…
Investment law v. supply-side climate policies
New fossil fuel developments are inconsistent with keeping global warming below 1.5 °C, and while most climate policies focus on reducing demand for fossil fuels, an emerging transversal consensus promotes efforts to simultaneously reduce supply. In this article, we discuss the obstacles to effective supply-side climate policies posed by international investment treaties that protect corporations against state interventions through investor-state…
Radical Reform of the International Investment Treaty Regime
There is growing concern that provisions in international investment treaties are being used to delay the critically needed transition away from fossil fuels. Although various procedural and substantive reforms have been pursued in recent years, these reforms have thus far failed to tackle the fundamental problems with investment treaties and the investor‐state dispute settlement (ISDS) system associated with them. By way of an alternative approa…
Reconsidering Icsid in the Context of Global Just Transitions
One global institution that has been largely neglected in the literature on just transitions is the International Centre for Settlement of Investment Disputes (ICSID), the most utilized forum for arbitrating disputes between foreign investors and states. ICSID tribunals play a role in determining the distribution of costs and benefits of the energy transition. This article develops a framework for understanding this role and surveys disputes that…
Political science (15 works) · Economics (14 works) · Business (12 works) · Law (12 works) · Law (9 works) · Foreign direct investment (8 works) · International Arbitration and Investment Law (8 works) · International trade (7 works) · International investment (6 works) · Investor-state dispute settlement (6 works)