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International Law/Human RightsResearch ArticleOPEN ACCESSPEER REVIEWED

Stranded Fossil Fuel Assets And International Investment Law: Compensation, Legitimate Expectations And The Police Powers Of The State

Volume
2
Issue
4
Pages
1–12
Published
Oct 2026
0
0
2
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Abstract

Climate mitigation may leave large fossil fuel reserves in the ground. If a State bans extraction to meet its climate obligations, the affected investor may claim that its reserves are stranded assets and that the State must pay. This article asks whether investment treaty law supports that claim. It examines expropriation, legitimate expectations and the police powers doctrine. It reviews arbitral decisions from Tecmed and Saluka to Rockhopper, Eco Oro and Westmoreland. The article argues that the protected asset is the legal right that the State granted and not the reserve. Claims tend to succeed when the State made a specific promise and then acted without due process. Claims tend to fail when the State acted in good faith through a general and non-discriminatory measure.

Authors
IM
Ipsa Mittal
JD
Jiya Dixit
LC
Lipika Champia
Keywords
fossil fuel assetsinvestment treaty lawexpropriationlegitimate expectationspolice powers
References
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