Settlement Of Climate Change-Related Disputes in International Commercial Arbitration With Special Emphasis on Environmental, Social and Governance (ESG) Disputes

Assoc. Prof. İlyas Gölcüklü 

CONTENTS

CHAPTER 1
CLIMATE CHANGE AS A GLOBAL CHALLENGE AND THREAT TO HUMANITY
I. Introduction
A. Definition
B. Historical Background and Trends
II. Multilateral Regulatory Regime for Climate Change Disputes
A. The Paris Agreement
B. United Nations Framework Convention on Climate Change UNFCCC (1992)
C. Energy Charter Treaty ("ECT")

CHAPTER 2
ENVIRONMENTAL, SOCIAL AND GOVERNANCE ("ESG") CONCEPT AND DISPUTES
I. Introduction
A. Definition
B. Importance
C. Scope
D. Examples of ESG-Related Clauses
II. Types of ESG Disputes
A. General
B. Categories of ESG Disputes
III. Main ESG-related Concepts and Disputes
A. Greenwashing
B. Corporate Social Responsibility ("CSR") Clauses
C. Carbon Emissions Trading and Reducing Carbon Footprints
D. Environmental Warranties and Disclosures in M&A Transactions
IV. Potential Disputes under Turkish Climate Law No. 7552
A. General
B. New Concepts and Fines under the Turkish Climate Law
C. Potential Climate Change-Related Disputes under the Turkish Climate Law

CHAPTER 3
DISPUTE SETTLEMENT MECHANISMS FOR CLIMATE CHANGERELATED COMMERCIAL DISPUTES: A REGULATORY FRAMEWORK
I. Settlement Mechanisms in General
II. Alternative Dispute Resolution ("ADR")
III. Litigation
A. International Court of Justice ("ICJ")
B. International Criminal Court
C. European Court of Human Rights ("ECtHR")
D. World Trade Organization ("WTO")
E. National Courts
IV. Non-compliance Mechanisms

CHAPTER 4
ARBITRATION AS A DISPUTE SETTLEMENT METHOD FOR CLIMATE CHANGERELATED DISPUTES
I. A Regulatory Framework
A. Introduction
B. Types of Arbitration
II. Advantages and Suitability of Arbitration for Climate ChangeRelated Disputes
III. Arbitrability of Climate ChangeRelated Disputes
A. Subjective Arbitrability of Climate Change-Related Disputes
B. Objective Arbitrability of Climate ChangeRelated Disputes
IV. Drafting Arbitration Agreements for Climate ChangeRelated Disputes
V. Expert Appointments in Arbitration for Climate ChangeRelated Disputes
A. Party-Appointed Experts
B. Tribunal-Appointed Experts
C. Key Considerations in Selecting Experts for Climate ChangeRelated Disputes
D. The ICC Expert Rules in the Climate Change Context
VI. Third-Party Funding in Arbitration for Climate ChangeRelated Disputes
VII. Dispute Boards in Arbitration for Climate ChangeRelated Disputes
VIII. Enforcement of Arbitral Awards in Climate ChangeRelated Disputes
A. General
B. The Public Policy Exception in the Enforcement of Arbitral Awards on Climate Change

CHAPTER 5
SETTLEMENT OF CLIMATE CHANGE-RELATED DISPUTES THROUGH COMMERCIAL ARBITRATION IN THE SPACE LAW CONTEXT
I. Introduction
II. Dispute Resolution Methods for Space Law Disputes
A. Consultation
B. Negotiation
C. Mediation
III. Arbitration
A. General
B. Arbitration in Other Space-Related Instruments
C. The PCA Optional Rules for Arbitration of Disputes Relating to Outer Space Activities
D. The Turkish Approach to Arbitration in Space Law
E. Settling ESG Claims in Outer Space through Commercial Arbitration
IV. Conclusion

POLICY PROPOSALS FOR THE REPUBLIC OF TÜRKİYE REGARDING CLIMATE CHANGE MITIGATION
REFERENCES
APPENDICES