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Evaluate whether procedural provisional measures in investor–state dispute settlement can balance collective climate governance with investment treaty protections.

August 14, 2026Transnational Environmental LawOpen Access

Cracking a Sledgehammer with a Nut: Provisional Measures for the Climate Change Dilemma in Investor–State Dispute Settlement

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Evaluate whether procedural provisional measures in investor–state dispute settlement can balance collective climate governance with investment treaty protections.
Conducted a doctrinal legal analysis assessing the limitations of merits-phase mechanisms, such as systemic integration, proportionality, and treaty exceptions, in climate disputes.
Analyzed procedural standards for provisional measures, focusing on tribunal inherent powers, prima facie jurisdiction, urgency, necessity, and rights preservation.
Existing merits-based mechanisms operate retrospectively and fail to address the urgent, preventive, and collective nature of climate-related damage.
Provisional measures provide a doctrinally grounded procedural framework that temporarily balances state regulatory autonomy and collective environmental interests without displacing substantive adjudication.

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Implication

Legal analysis demonstrates procedural provisional measures protect climate regulations in investor–state dispute settlement, highlighting a mechanism to balance urgency and investment treaties.

Cite This Study

Gu Fang (2026) studied this question.

synapsesocial.com/papers/6a7ec735b70b84ec8b9136b0 https://doi.org/10.1017/s2047102526100430

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Implication

Legal analysis demonstrates procedural provisional measures protect climate regulations in investor–state dispute settlement, highlighting a mechanism to balance urgency and investment treaties.

Cracking a Sledgehammer with a Nut: Provisional Measures for the Climate Change Dilemma in Investor–State Dispute Settlement

Key Points

Discussion

Implication

Cite This Study

Cracking a Sledgehammer with a Nut: Provisional Measures for the Climate Change Dilemma in Investor–State Dispute Settlement

Key Points

Discussion

Implication

Cite This Study

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