New Book on Investment Arbitration and International Climate Change Law: Revaluing Legitimate Expectations
CCLS Alumnus has published a new book on arbitration and environmental law.
Thomas Lehman (International Arbitration PhD, 2024) is currently working as a research fellow at the National University of Singapore, in Singapore. He is also a French Avocat à la Cour, in Paris. Here Thomas talks about the recent publication of his book and inspiration behind it:
“I am glad to share that my monograph entitled Investment Arbitration and International Climate Change Law: Revaluing Legitimate Expectations has been published by Kluwer Law International. The book presents an original contribution to the fields of international arbitration, international investment law, and environmental law. The book defends the idea that international investment treaties (such as the Energy Charter Treaty) do not thwart the net zero transition or the pursuance of climate policies. It rather demonstrates that international investment treaties can enforce climate change commitments and that international climate change law (law (ICCL) can directly impact the level of protection enjoyed by energy investors under investment treaties.
The monograph is the first comprehensive assessment of the impact of international climate change law on energy investors’ legitimate expectations in investment arbitration. It informs (1) states on their ability to adopt climate policies and to revoke them in compliance with investment treaties, and (2) energy investors on the scope of legal protection under investment treaties in light of climate change law. It thereby contributes to the scholarship on the legal interaction between “regimes” of international law. The book offers practical insights and actionable advice on the concept of legitimate expectations. It should enable readers to readily interpret the implications for investment arbitration of the recent Advisory Opinion issued by the International Court of Justice on the obligations of states in respect of climate change.
I wish to thank Queen Mary University, and particularly the School of International Arbitration (SIA) at the Centre for Commercial Law Studies for hosting my research for the past five years. SIA was pivotal in my academic and professional journey. I am deeply indebted to Prof. Julian Lew and Dr. Norah Gallagher for their continued trust, and I am immensely grateful to my former PhD supervisors, Dr. Remy Gerbay and Professor Stavros Brekoulakis, with whom I maintain a close working relationship.”