Clara Reichenbach

This book chapter was published in the "Investment Arbitration and Climate Change" book, edited by Annette Magnusson and Anja Ipp from Climate Change Counsel, and published by Wolters Kluwer.

Contributed to the Jus Mundi’s Guide to Enforcement of ICSID Awards Around the World (2023) by co-authoring the chapter on the United Kingdom of Great Britain and Northern Ireland.

Abstract: An often-overlooked feature of international climate change agreements is their dispute resolution provisions. An effective dispute resolution framework is essential for holding States to account and ensuring compliance with treaty obligations. However, many of the dispute resolution mechanisms in international climate change agreements were never brought into existence. These include arbitration, conciliation and non-compliance procedures. This article analyses the dispute resolution… Show more

Abstract: An often-overlooked feature of international climate change agreements is their dispute resolution provisions. An effective dispute resolution framework is essential for holding States to account and ensuring compliance with treaty obligations. However, many of the dispute resolution mechanisms in international climate change agreements were never brought into existence. These include arbitration, conciliation and non-compliance procedures. This article analyses the dispute resolution mechanisms of the United Nations Framework Convention on Climate Change (1992) (‘UNFCCC’), the Kyoto Protocol (1997), and the Paris Agreement (2015) with a view to establishing which are missing, which have been successful in keeping States in check, and which should inform future amendments or treaties. Notably, a non-compliance procedure was never introduced under the UNFCCC, a successful one came into existence under the Kyoto Protocol, and a watered-down version is being discussed under the Paris Agreement. Further, although the treaties refer to an arbitration annex and a conciliation annex, none of these ever materialized. The article compares and contrasts the various procedures and their different successes, including through the use of case-studies, and makes a number of recommendations for future amendments or treaties. Show less

Published as Chapter 65 in “State of Arbitration - Essays in Honor of Professor George Bermann.”

“This Festschrift was put together to honor Professor George Bermann’s pivitol role in the development of international arbitration. To mark his 75th birthday, the world’s leading arbitration and comparative law practitioners have banded together to produce a singular volume worthy of the great man. This book promises to be the single most important volume on the state of arbitration in a… Show more

Published as Chapter 65 in “State of Arbitration - Essays in Honor of Professor George Bermann.”

“This Festschrift was put together to honor Professor George Bermann’s pivitol role in the development of international arbitration. To mark his 75th birthday, the world’s leading arbitration and comparative law practitioners have banded together to produce a singular volume worthy of the great man. This book promises to be the single most important volume on the state of arbitration in a generation and will serve as a brilliant collection of insights from the world’s leading thinkers on where we are and where we might go.” Show less

“The Yearbook on International Investment Law & Policy is an annual publication that provides a comprehensive overview of current developments in the international investment law and policy field, focusing on recent trends and issues in foreign direct investment (FDI), investment treaty practice, and investor-state arbitration.”