If EU countries pulled out of the Energy Charter Treaty tomorrow, fossil fuel companies could still sue them for decarbonization efforts for 20 (!!) years.
politico.eu/article/energy…
That gets uncomfortably close to the EU's 2050 target date for attaining carbon neutrality.
ec.europa.eu/clima/policies…
And here are the withdrawal provisions, with a 20 year overhang period.
energycharter.org/fileadmin/Docu… ImageImage
By comparison, the new NAFTA (USMCA) has a six month overhang after withdrawal, and legacy claims under the old NAFTA can only be brought for three years.
ustr.gov/trade-agreemen… ImageImage

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More from @toddntucker

5 Mar
Helpful @climatestrat study on the WTO implications of fossil fuel subsidies from 2017 by @cleoverk @harrovanasselt Tom Moerenhout @Liesbeth_C87 @PWooders. Thread
climatestrategies.org/publication/ta…
The tl;dr is that

the WTO is generally an anti-subsidy machine,

there are a bunch of types of fossil fuel subsidies,

but it is not a slam dunk that any of them violate WTO rules.
This is because schemes subsidize consumption rather than production, and all else equal the WTO rules are more concerned with the latter.
Read 26 tweets
25 Feb
Yesterday, Biden issued an executive order on America's Supply Chains.

What's in it? Thread:
whitehouse.gov/briefing-room/…
It announces it's US policy "to strengthen the resilience of America’s supply chains," citing as benefits rebuilt domestic manufacturing capacity, competitiveness, good jobs, fighting climate change, and helping racial justice and underserved communities.

Here are the costs👇
By June 4 of this year, NEC and NSC are instructed to coordinate supply chain reviews in four industries, with four agencies writing them up

DOC: chips, advanced packaging
DOE: high-capacity batteries, including for EVs
DOD: critical minerals
HHS: pharmaceuticals,. API
Read 24 tweets
12 Feb
Wait - Krysten Sinema wrote a book on the state of exception??

Since being in office??
rowman.com/ISBN/978149851…
And it's Foucauldian???
And she has four advanced degrees, including a Justice Studies PhD she completed while serving in the House??
isearch.asu.edu/profile/476214
Read 13 tweets
12 Feb
Only need 17 Rs to do this before 55 votes is 2/3 of senators present.

That's more than the R's in the Open To Conviction column, so would have to be from a mix of OTC and Opposed, or all from Opposed.
washingtonpost.com/politics/inter…
How Many Recusals Do You Need if Conviction Aye Votes are X? A Chart.
How Many Recusals Do You Need if Conviction Aye Votes are Column A? A Table
Read 4 tweets
9 Feb
Investment law Twitter (yes, such a thing exists) has lit up over a recent video from the annual conference in January from the European Federation for Investment Law and Arbitration (EFILA). Thread…
Due to the pandemic, this conference, like many, went virtual this year. You can find the presentations here. The keynote speech was delivered by Gary Born, a prominent arbitrator in investor-state dispute settlement (ISDS).
efila.org/annual-confere…
As @goodhouses describes here, ISDS is a parallel legal system where multinational corporations can challenge host state governments over regulatory treatment, outside of national court systems.
themonkeycage.org/2015/11/invest…
Read 40 tweets
7 Feb
Great point from @michaelpollan.

Norm entrepreneurs had their ideological reasons to center efficiency, but a reason their project scaled was because it can be easily measured.

This means a profession, community of practice, and utility players can be built around the project. Image
BBB will have made a huge contribution if it develops data, tools, and jobs for people to collect and deploy both on the resilience agenda. Give the next generation of social science PhDs something to write about!

Here's a start, with @rdnayak: prospect.org/day-one-agenda…
Luckily, one of the teams that can have the most impact on this field building is at OIRA, and includes the author of this book @ksabeelrahman...
amazon.com/Democracy-Agai…
Read 5 tweets

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