Much concern has been raised regarding the possibility that measures governments take to mitigate and adapt to the impacts of climate change will conflict with their obligations under the law of the World Trade Organization. This article argues that, while it has not yet received adequate attention, the possibility that the climate change-related measures States implement will be inconsistent with their obligations under their international investment agreements (IIAs) poses a potentially greater threat of liability for governments. Although States do likely face exposure to IIA-based claims for their actions on climate change, there are strategies governments can and should pursue to minimize their potential liability.
