531. Allocation of Climate-Related Risks in Investor–State Mining Contracts
- Author:
- Martin Dietrich Brauch, Perrine Toledano, and Cody Aceveda
- Publication Date:
- 06-2022
- Content Type:
- Special Report
- Institution:
- Columbia Center on Sustainable Investment
- Abstract:
- As the effects of climate change continue to worsen, mining projects, the communities surrounding them, and their host states are increasingly at risk of being affected by environmental disasters, with devastating social and economic consequences. Risk allocation provisions included in investor–state mining contracts, often considered boilerplate and replicated in agreements without careful consideration or negotiation, could potentially help the parties assign responsibilities between themselves and limit their losses in those cases. However, traditional risk allocation clauses within existing mining contracts, formulated before the world acknowledged the severity of climate change, do not adequately allocate climate-related risks and impacts between states and companies.
- Topic:
- Climate Change, Environment, International Cooperation, United Nations, and Risk
- Political Geography:
- Global Focus