THE APPLICATION OF INTERNATIONAL CLIMATE CHANGE LAW IN INTERNATIONAL

In the context of global climate governance, the Investor-State Dispute Settlement (hereinafter "ISDS") mechanism has become a pivotal platform for dealing with climate change issues. There is an increasing practice for international climate change law (hereinafter "ICCL") to be incorporated into international investment arbitrations. It may be invoked by host states, non-disputing parties and foreign investors in order to advance the legitimacy of states ' measures, to interpret investment treaty standards, or to evaluate the impact of climate change on investments. However, as a result of both internal and external deficiencies in the ISDS mechanism, uncertainty surrounds the application of ICCL to investment arbitration. To address the deficiencies, this article proposes to align ISDS with climate objectives, based on four aspects. They include incorporating climate change provisions into international investment treaties, broadening the application of sustainable development provisions, applying ICCL through systematic interpretation, and adhering to the principle of mutual supportiveness.