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Experts Available for Interviews on Climate and Investment

Columbia Center on Sustainable Investment (CCSI)

New York, November 24, 2021—Reuters on Tuesday published “TC Energy seeks NAFTA damages over canceled Keystone XL project,” which reports that Canadian pipeline operator TC Energy formally launched international arbitration proceedings under the North American Free Trade Agreement (NAFTA) on Monday against the Biden Administration’s decision to cancel the company’s Keystone XL oil pipeline project, claiming US$ 15 billion in compensation from the United States Government.

In July this year, a CCSI publication discussed the potential Keystone XL arbitration, explained how companies use investor–state dispute settlement (ISDS) mechanisms included in investment treaties to challenge critical government actions against climate change and to seek compensation for climate-oriented policies, and called on the Biden Administration to disavow ISDS as part of its ambitious climate change agenda.

CCSI actively researches relevant law and policy topics on the nexus of climate policy and investment law. Research projects and publications include: For questions on climate policy, international investment law, and investor–state arbitration, please contact CCSI.

Lisa E. Sachs and Martin Dietrich Brauch can be reached directly at lisa.sachs@columbia.edu & martin.brauch@columbia.edu.
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