Faced with the triple planetary crises of climate change, pollution and biodiversity loss, states are increasingly taking regulatory action to address these environmental problems. Yet such regulatory action can financially impact investments within the state and in response investors are seeking compensation through claims made under investor-state dispute settlement (ISDS) clauses in investment treaties between states. This presentation details the history of ISDS claims and the evolution of such claims in environmental cases. The presentation also outlines current issues and criticisms of the ISDS system before canvassing possible reforms.
Tuesday
4 March 2025
University of
Wollongong Campus
Darling Park, Tower 1,
Level 2/201, Sussex Street,
Sydney NSW 2000
Meet the Speaker
Justice Preston is the Chief Judge of the Land and Environment Court of New South Wales. Prior to being appointed in November 2005, he was a senior counsel practising primarily in New South Wales in environmental, planning, administrative and property law. He has lectured in post-graduate environmental law for over 30 years. He is the author of Australia’s first book on environmental litigation and 161 articles, book chapters and reviews on environmental law, administrative and criminal law. He holds numerous editorial positions in environmental law publications and has been involved in a number of international environmental consultancies and capacity- building programs, including for judiciaries throughout Asia, Africa and the European Union.
Justice Preston is currently a Visiting Professor at Durham University (UK), an Adjunct Professor at the University of Sydney, Western Sydney University and Southern Cross University, and a former Visiting Fellow at Corpus Christi College and Magdalen College at Oxford University (UK). His Honour was appointed as an Officer of the Order of Australia (AO) in the Australia Day Honour List 2025.