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Thematic reports

A/78/168: Paying polluters: the catastrophic consequences of investor-State dispute settlement for climate and environment action and human rights


13 July 2023

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In the present report, the Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment, David R. Boyd, chronicles the compelling evidence that a secretive international arbitration process called investor-State dispute settlement has become a major obstacle to the urgent actions needed to address the planetary environmental and human rights crises. Foreign investors use the dispute settlement process to seek exorbitant compensation from States that strengthen environmental protection, with the fossil fuel and mining industries already winning over $100 billion in awards. These cases create regulatory chill. The Special Rapporteur identifies specific actions that States must take to avoid future claims under the investor-State dispute settlement process and fulfil their human rights obligations.

Issued By:

Special Rapporteur on the human right to a clean, healthy and sustainable environment

Delivered To:

General Assembly at its seventy-eighth session