Legal Doctrines for the U.S. Federal Courts and the International Investment Arbitral Tribunals in Adjudicating the Climate Change Disputes

Climate change is a man-made disaster that has become a major global concern today. With increasingly visible symptoms of climate change in recent years, it has become evident that climate action can no longer be dismissed as a mere matter of choice, but as a matter of survival for the human being. To address the impending climate change crisis in a collaborative and sustainable manner, the international community has been taking various measures including Kyoto protocol and the Paris Agreement. With respect to the private investor’s project investment in line with international agreements on climate change, recently we have seen multiple legal judgments which clearly indicate the subject of judicial responsibility for investment in climate change related projects. However, in order to hold judicial responsibility occurring during the implementation of climate change related projects, a causal relationship between the responsible entities and clear responsibility must be demonstrated, and applicable institutional arrangements need to be arranged. It may be the right time for global community to consider shifting not only to human ethical obligations but also legal obligations. In this regard, concerned governments should consider legislating arbitration laws, regulations, and institutional arrangements in more specific and applicable manner.