Adham Sameh

Document Type

Research Project

Publication Date

9-30-2025

Abstract

The accelerating climate crisis has transformed legal accountability into a central concern for global climate governance. This paper explores two negotiation-relevant challenges for COP30: (1) the codification of ecocide under international law, and (2) the dismantling of Investor-State Dispute Settlement (ISDS) mechanisms that shield transnational corporations from liability for environmental and human rights violations. Drawing from current legal developments, such as the 2021 proposed ecocide definition, and using cases from Brazil, Colombia, and the Netherlands, the paper argues that climate justice cannot be achieved without legal reform that targets systemic impunity. The focus of this paper evaluate the impact of ISDS on climate action by corporate entities regarding climate inaction and avoidance of responsibility. Some of the recommendations put forward include reforming the Rome Statute in order to codify ecocide, excluding the ISDS mechanism in environmental cases, and calling for the establishment of the Global Climate Justice Tribunal under CCOP30. Finally, the brief advocates for the incorporation of justice metrics into the Global Ethical Stocktake (GES), to incorporate matters of fairness into climate action. This paper seeks to assist the delegations aimed at the climate legal framework, so that the trust in climate protection with fundamental human rights compliance for the climate regime stays intact.

Download

Included in

Law Commons

Share

COinS