Manohar, Harsh (2024) Exploring the nexus of renewable energy and international investment law in India: opportunities and issues. Jindal Global Law Review. ISSN 0975-2498
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Abstract
Private finance is central to a transition to renewable energy. This paper analyses the complex interaction of International Investment Law and the renewable energy sector in India. The analysis starts with a discussion on climate finance and its role in climate mitigation. Given the limited public finance, this paper examines the central role of private climate finance and the role of International Investment Law in stimulating private finance. Focusing on the role of International Investment Law in protecting and promoting private investment, India’s experience with investment disputes is discussed. Reflecting on India’s shifting stance on International Investment Law, the focus moves to India’s investment climate for Renewable Energy projects. This paper argues that substantial steps are necessary for India to adequately contribute to the global climate crisis. While Investor-State Dispute Settlement and International Investment Law may contribute to this lack of climate finance, this “solution” is not without its issues. Any discussion on the Investor-State Dispute Settlement’s (ISDS) role must be multifaceted and give sufficient weight to the political and economic costs inherent in its form and substance. This paper is purposefully descriptive and takes a neutral stance on Investor-State Dispute Settlement and International Investment Law. In the end, recommendations for further research are explored. These topics have already been the subject of numerous articles, however, they usually fall under two dominant narratives: pro or anti-ISDS. Therefore, this paper seeks to invite and facilitate contributions from diverse voices on this complex interaction.
Item Type: | Article |
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Keywords: | Climate change crises | Climate mitigation | International Investment Law | Investment arbitration | Climate adaptation | Climate finance |
Subjects: | Social Sciences and humanities > Social Sciences > Social Sciences (General) Social Sciences and humanities > Social Sciences > Law and Legal Studies |
JGU School/Centre: | Jindal Global Law School |
Depositing User: | Arjun Dinesh |
Date Deposited: | 03 Jan 2025 05:39 |
Last Modified: | 09 Jan 2025 06:18 |
Official URL: | https://doi.org/10.1007/s41020-024-00239-x |
URI: | https://pure.jgu.edu.in/id/eprint/8940 |
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