Reconsidering Icsid in the Context of Global Just Transitions
Bibliographic Data
| ID | 12753790 |
|---|---|
| Authors | Kyla Tienhaara (0000-0001-7148-7686, corresponding author) |
| Year | 2025 |
| Volume | 25 |
| Issue | 4 |
| Pages | 23-43 |
| Publication date | 2025-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Global Environmental Politics (JOURNAL) |
| Journal identifiers | ISSN: 1526-3800 • E-ISSN: 1536-0091 |
| Publisher | The MIT Press (PUBLISHER • US) |
| DOI | 10.1162/glep.a.8 |
| OpenAlex | W4413817576 |
| Language | EN |
| References cited | 39 |
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 concern government measures aimed at restricting the development of fossil fuel reserves, accelerating the retirement of coal power plants, extracting greater value from critical mineral deposits, and altering incentive schemes for renewable energy. It is concluded that there is potential for ICSID tribunals to shift financial burdens associated with the energy transition from the private to the public sphere and from the Global North to the Global South. To facilitate just transitions, governments should reconsider their support for ICSID
Archaeology · Context (archaeology · Epistemology · Geography · Law and economics · Political science · Sociology · Human Rights and Development · International Development and Aid · Philosophy · World Trade Organization Law
Equity, climate justice and fossil fuel extraction
Mind the gap
Fit for purpose? Just Energy Transition Partnerships and accountability in international climate governance
Existing fossil fuel extraction would warm the world beyond 1.5 °C
Just Transitions’ Meanings
Planetary just transition? How inclusive and how just
A just transition for whom? Politics, contestation, and social identity in the disruption of coal in the Powder River Basin
Lithium nexus
Governing the dark side of renewable energy
Investment law v. supply-side climate policies
Coal, Climate Justice, and the Cultural Politics of Energy Transition
The Challenges of Coal Phaseout
Investor-State Arbitration in Domestic Mining Conflicts
Private authority and transnational governance
Climate change
Delegating Differences
Survival of the Greenest
| Citation velocity | historical |
|---|---|
| Highly cited | No |