Thousands of fossil fuel projects are still protected by treaties

Over the past 50 years, countries have signed thousands of treaties worth billions that may scupper global efforts to phase out fossil fuels. These agreements allow investors to sue governments for compensation if projects are axed.

Fully transitioning to a renewable world, unfortunately, may not be simple as merely cancelling all outstanding fossil fuel leases.

That’s because the conglomerates that once stood to profit massively from these projects, will not just walk away without compensation – and reportedly, they’re entitled to it.

Over the last half-century, thousands of treaties have been signed to protect foreign investors and their assets against sweeping government actions. These contracts are all tied to fossil fuel endeavours which are either in production now, or slated for the future.

A study published back in May in the journal Science, estimates that the total in settlements required to cancel present and future developments could amount to a $340bn pay out. That’s more than the entire planet put into climate adaption and mitigation in the fiscal year of 2019.

Each of these oil and gas investors have clauses that would entitle them to sue national authorities for ludicrous amounts. As we sit here today, a Canadian firm called TC Energy is seeking more than $15bn after President Joe Biden cancelled the Keystone CL Pipeline.

Now, obviously, with April’s IPCC report warning that the climate is facing irreversible changes in the next decade, this spells financial danger for countries clambering to limit their respective emissions.

There has already been at least 230 separate legal disputes that have emerged, and as we ramp up the pressure on fossil fuel proprietors you can guarantee that number will grow exponentially.

The very worst case scenario, is that the threat of large pay outs could lead to apprehension and eventually nihilism from governments who need to accelerate mitigation efforts now. It doesn’t help that the existence of climate change has been disputed again as recently as this week either.