Energy Cafe: Legitimising the ISDS Regime through Energy Justice
This seminar examines the role of the Investor-State Dispute Settlement (ISDS) regime in the global energy sector and its connection to energy justice. The ISDS regime aims to mitigate political risks and safeguard energy investments in energy investments, but is currently facing a legitimacy crisis due to its shortcomings like lack of transparency, bias, conflicts of interest, and regulatory chill. Using energy justice as both an evaluative and normative tool, we will explore some of the legitimacy criticisms of the ISDS regime as “energy injustices” and proffer suggestions for its reform. Ultimately, the discussion aims to highlight how an ISDS regime that aligns with energy justice principles can contribute to the just transition to a low carbon economy.
Demilade Isioma Elemo, MCIArb is currently carrying out her PhD Research on Investment Disputes and Renewable Energy at the Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP), University of Dundee. She is qualified to practice law in Scotland and Nigeria. She holds an LL.M in Comparative and International Dispute Resolution from Queen Mary, University of London and a Diploma in International Arbitration from the prestigious Africa Arbitration Academy.