Category: TRADE AND INVESTMENT RULES

Debunking the Myth that ISDS – and the ECT – are Important for a Low-carbon Future

By Rachel Thrasher The European Union (EU) Commission recently proposed that all EU member countries withdraw as a bloc from the Energy Charter Treaty (ECT), an investment treaty with the specific goal of facilitating investment and protecting investors in the energy industry. The ECT has attracted increasing criticism for its misalignment with Europe’s energy and […]

A Framework for a Reformed WTO Appellate Body

The World Trade Organization’s (WTO) Appellate Body (AB) was established in 1995 to hear appeals on trade disputes between member countries. However, following the end of the final member’s term in 2020, it has been effectively disbanded, and the United States has since blocked all new appointments. The inability of a multilaterally accepted AB to […]

A Way Forward for Equitable Pharmaceutical Access After COVID-19

By Brook Baker and Rachel Thrasher COVID-19 exploded on a global stage dominated by an international legal and policy regime that instantiates closed science, intellectual property (IP) monopolies and privatized control over the testing, supply, price and distribution of life-saving health technologies. As a result, there were avoidable delays in biopharmaceutical preparedness, ill-adapted technologies that […]

Trading Away Budget Space? How Trade Liberalization is Crunching Developing Country Budgets

By Devika Dutt and Kevin P. Gallagher The long-standing gridlock in trade negotiations in the World Trade Organization (WTO) has shifted the focus of trade negotiations to bilateral and plurilateral trade and investment agreements. Since the inception of the WTO in 1995, over 2,000 regional and bilateral trade and investment treaties have been negotiated and […]

FAQs: What is Investor-State Dispute Settlement and What Does it Mean for Climate Action?

By Rachel Thrasher A controversial legal process known as investor-state dispute settlement (ISDS) threatens to hamper the ability of governments to mobilize finance for ambitious climate action and a just transition. When assets are protected by international investment agreements (IIAs) with ISDS, private investors in the fossil fuel sector can bring legal claims against countries […]

The WTO in a Changing Geopolitical Environment

The World Trade Organization (WTO) came into existence in 1995, replacing the 50-year-old trade regime known as the General Agreement on Tariffs and Trade (GATT) that had governed trade among capitalist countries in the geopolitical context of the Cold War. The new regime was emblematic of a moment in time, when global economic integration was […]

Around the Halls: Readout from the Bali G20 Summit

In parallel to a chaotic 27th UN Climate Change Conference (COP27) in Sharm El-Sheikh, Egypt, leaders of Group of 20 (G20) countries met in Bali, Indonesia from November 15-16 for the G20 Leaders’ Summit against a backdrop of worsening climate impacts, an ongoing energy crisis, Russia’s war in Ukraine and skyrocketing inflation. Expectations for the […]

The Road Before the World Trade Organization: Three Possible Pathways

By Rachel Thrasher From September 27-30, 2022, the World Trade Organization (WTO) will host its annual Public Forum, where WTO members, representatives from civil society, government, academia, business and media will gather to discuss the latest developments in world trade and to propose ways of enhancing the multilateral trading system. At the top of the […]

The Energy Charter Treaty’s Protection of 1.5°C-incompatible Oil and Gas Assets

After several years of negotiations to “modernize” the Energy Charter Treaty (ECT), members must decide by June 24, 2022, whether to amend provisions of the treaty, leave it as is or withdraw from it entirely. The ECT is the only international investment treaty with a sectoral focus on energy. It has been ratified by 50 […]