Kyla Tienhaara | Queen's University at Kingston (original) (raw)
Papers by Kyla Tienhaara
Journal of Environmental Policy & Planning
Sustainability: Science, Practice and Policy
Global Governance
Global energy governance has received increased attention from scholars and policymakers in recen... more Global energy governance has received increased attention from scholars and policymakers in recent years. Much of the discussion has focused on the inadequacy of the current institutional architecture, particularly in light of the urgent need to decarbonize energy systems. However, little attention has been given to the capacity of global institutions to promote investment in renewable energy. This article considers claims by proponents of the Energy Charter Treaty, the most developed trade and investment treaty in the global energy architecture, that it can play an important role in this regard. Specifically, it examines the ECT’s investor-state dispute settlement mechanism. Drawing on scholarship in global governance, law, and economics and an analysis of recent investor-state disputes, the article argues that there are problems with the assumptions underlying the claims of the ECT’s proponents. Critically, there is still a lack of evidence that the ECT has a positive impact on fl...
Green Keynesianism and the Global Financial Crisis
Essays in Honour of Muthucumaraswamy Sornarajah, 2000
Sustainable Development Law Policy, 2012
Yearbook of International Environmental Law, 2008
... As noted in last year's report (19 YbIEL 415 (2008)), several members of the Clayton fam... more ... As noted in last year's report (19 YbIEL 415 (2008)), several members of the Clayton family and Bilcon of Delaware filed a notice ... Following an election campaign that resulted in the formation of a coalition government that included the Green Party, more stringent environmental ...
Recent years have seen a substantial increase in investor-state disputes. In many cases matters o... more Recent years have seen a substantial increase in investor-state disputes. In many cases matters of public interest, including environmental regulations, are being tried. While it is crucial to assess the outcomes of investor-state disputes that involve matters of public policy, the procedures followed in investment arbitration make this difficult and, in some cases, impossible. This is relevant not only for
Http Dx Doi Org 10 1080 09644016 2013 821828, Mar 6, 2014
ABSTRACT In the wake of the global financial crisis, interest in the relationship between the eco... more ABSTRACT In the wake of the global financial crisis, interest in the relationship between the economy and the environment substantially increased. Several proposals emerged between 2008 and 2012 for the creation of a ‘Green New Deal’, ‘Green Stimulus’, and a ‘Green Economy’. These proposals are often conflated with one another under the rubric of ‘green capitalism’, but there are important distinctions to be made between them. Each suggests a different role for the state in regulating the market and the financial sector (i.e. they suggest different models of capitalism). The proposals can also be distinguished by the positions taken on ecological modernisation (i.e. they put forward different models of ‘greenness’). Recognition that there are varieties of green capitalism being mooted increases the opportunities for more targeted critiques of each model and enables a more constructive debate about the options for creating sustainable economies in the developed world.
Transnational Environmental Law
The system of investor-state dispute settlement (ISDS) found in over 3,000 bilateral investment t... more The system of investor-state dispute settlement (ISDS) found in over 3,000 bilateral investment treaties and numerous regional trade agreements has been criticized for interfering with the rights of sovereign states to regulate investment in the public interest, for example, to protect the environment and public health. This article argues that while much of the public debate around ISDS has focused on a small number of cases that have arisen over the regulation of tobacco packaging, there is a far greater threat posed by the potential use of ISDS by the fossil fuel industry to stall action on climate change. It is hypothesized that fossil fuel corporations will emulate a tactic employed by the tobacco industry – that of using ISDS to induce cross-border regulatory chill: the delay in policy uptake in jurisdictions outside the jurisdiction in which the ISDS claim is brought. Importantly, fossil fuel corporations do not have to win any ISDS cases for this strategy to be effective; th...
Recent years have seen a substantial increase in investor-state disputes. In many cases matters o... more Recent years have seen a substantial increase in investor-state disputes. In many cases matters of public interest, including environmental regulations, are being tried. While it is crucial to assess the outcomes of investor-state disputes that involve matters of public policy, the procedures followed in investment arbitration make this difficult and, in some cases, impossible. This is relevant not only for
Journal of Environmental Policy & Planning
Sustainability: Science, Practice and Policy
Global Governance
Global energy governance has received increased attention from scholars and policymakers in recen... more Global energy governance has received increased attention from scholars and policymakers in recent years. Much of the discussion has focused on the inadequacy of the current institutional architecture, particularly in light of the urgent need to decarbonize energy systems. However, little attention has been given to the capacity of global institutions to promote investment in renewable energy. This article considers claims by proponents of the Energy Charter Treaty, the most developed trade and investment treaty in the global energy architecture, that it can play an important role in this regard. Specifically, it examines the ECT’s investor-state dispute settlement mechanism. Drawing on scholarship in global governance, law, and economics and an analysis of recent investor-state disputes, the article argues that there are problems with the assumptions underlying the claims of the ECT’s proponents. Critically, there is still a lack of evidence that the ECT has a positive impact on fl...
Green Keynesianism and the Global Financial Crisis
Essays in Honour of Muthucumaraswamy Sornarajah, 2000
Sustainable Development Law Policy, 2012
Yearbook of International Environmental Law, 2008
... As noted in last year's report (19 YbIEL 415 (2008)), several members of the Clayton fam... more ... As noted in last year's report (19 YbIEL 415 (2008)), several members of the Clayton family and Bilcon of Delaware filed a notice ... Following an election campaign that resulted in the formation of a coalition government that included the Green Party, more stringent environmental ...
Recent years have seen a substantial increase in investor-state disputes. In many cases matters o... more Recent years have seen a substantial increase in investor-state disputes. In many cases matters of public interest, including environmental regulations, are being tried. While it is crucial to assess the outcomes of investor-state disputes that involve matters of public policy, the procedures followed in investment arbitration make this difficult and, in some cases, impossible. This is relevant not only for
Http Dx Doi Org 10 1080 09644016 2013 821828, Mar 6, 2014
ABSTRACT In the wake of the global financial crisis, interest in the relationship between the eco... more ABSTRACT In the wake of the global financial crisis, interest in the relationship between the economy and the environment substantially increased. Several proposals emerged between 2008 and 2012 for the creation of a ‘Green New Deal’, ‘Green Stimulus’, and a ‘Green Economy’. These proposals are often conflated with one another under the rubric of ‘green capitalism’, but there are important distinctions to be made between them. Each suggests a different role for the state in regulating the market and the financial sector (i.e. they suggest different models of capitalism). The proposals can also be distinguished by the positions taken on ecological modernisation (i.e. they put forward different models of ‘greenness’). Recognition that there are varieties of green capitalism being mooted increases the opportunities for more targeted critiques of each model and enables a more constructive debate about the options for creating sustainable economies in the developed world.
Transnational Environmental Law
The system of investor-state dispute settlement (ISDS) found in over 3,000 bilateral investment t... more The system of investor-state dispute settlement (ISDS) found in over 3,000 bilateral investment treaties and numerous regional trade agreements has been criticized for interfering with the rights of sovereign states to regulate investment in the public interest, for example, to protect the environment and public health. This article argues that while much of the public debate around ISDS has focused on a small number of cases that have arisen over the regulation of tobacco packaging, there is a far greater threat posed by the potential use of ISDS by the fossil fuel industry to stall action on climate change. It is hypothesized that fossil fuel corporations will emulate a tactic employed by the tobacco industry – that of using ISDS to induce cross-border regulatory chill: the delay in policy uptake in jurisdictions outside the jurisdiction in which the ISDS claim is brought. Importantly, fossil fuel corporations do not have to win any ISDS cases for this strategy to be effective; th...
Recent years have seen a substantial increase in investor-state disputes. In many cases matters o... more Recent years have seen a substantial increase in investor-state disputes. In many cases matters of public interest, including environmental regulations, are being tried. While it is crucial to assess the outcomes of investor-state disputes that involve matters of public policy, the procedures followed in investment arbitration make this difficult and, in some cases, impossible. This is relevant not only for