Antalya, Turkiye, 10 November 2026. Civil society in Asia Pacific called on governments in COP 31 in Antalya, Turkiye, to cancel treaties with Investor-to-State Dispute Settlements (ISDS). UN bodies have raised fundamental concerns over ISDS, including the 2022 IPCC report, which mentioned ISDS as a systemic barrier to Net-Zero Emission Commitments. This call is made in connection with a petition issued by 358 civil society organizations worldwide on the urgent need to free countries from the threat of ISDS lawsuits for a just social and ecological transformation.
The COP 31 in Antalya, Turkiye, held from 9 to 20 November 2026 will seek consensus on issues such as climate finance, emissions reductions and adaptation, including finding practical solutions from expanding renewable energy and modernizing electricity networks to reducing methane emissions.
Joseph Purugganan, Focus on the Global South: Disagreements persist over funding responsibilities, access to finance and how global financial flows can be directed towards climate action. Meanwhile, fossil fuel companies, mostly in wealthier nations, are increasingly using ISDS against government in developing and least developed countries attempts to phase out fossil fuels making ISDS a barrier to a just transition towards renewable non-carbon-based energy.
The 2025 UNCTAD Report[1] notes an upward trend in ISDS cases throughout 2024 relating to mineral-extraction and energy-supply activities. By the end of 2024, there were at least 249 cases relating to the energy and mining sectors. Around 55% of all new cases were brought against low- and middle-income countries (LMICs).
Dr Patricia Ranald Convener Australian Fair Trade and Investment Network : In recent years we have seen a growing number of cases that directly challenge the transition away from fossil fuels. Corporations are suing over matters including coal phase out, refusal to license new coal mines or extend existing ones, windfall taxes on excess energy profits, a ban on offshore oil drilling, fracking regulation and closure of a gas field. ISDS is a real threat to net-zero commitments, particularly, for a coal phase out. One example is Zeph Investments vs. Australia owned by notorious Australian billionaire Clive Palmer which is claiming $AU120 billion because of refusal of coal mining and energy permits in Queensland, Australia.
Aryanto Nugroho, National Coordinator of Publish What You Pay (PWYP) Indonesia: For resource-rich countries like Indonesia, ISDS is not only a threat to climate policy but a fiscal trap. Every time a government tightens mining permits, protects forests, or restructures its downstream mineral policy, it faces the risk of multibillion-dollar claims. These hidden liabilities never appear in the national budget. ISDS does not care about the nationality of the capital, whether Western, Chinese, or regional. That is why any new critical minerals partnership must exclude ISDS from the start.
Rachmi Hertanti, Transnational Institute (TNI): ISDS is a threat to public budgets and energy transition financing as ISDS awards can amount to as much as 11.5% of national gross domestic product (GDP). ISDS allow corporations to claim compensation for losses, including expected future losses, from a state that introduces fossil fuels phase out policies. Looking at the mining and energy-related cases to estimate the costs for states as a percentage of financing required to fund climate actions in their countries, the impact of ISDS cases is significant.
Overall data[2], fossil fuel investors have attempted to claim US$ 433.8 billion from states through ISDS, of which a staggering US$ 85.9 billion has been awarded to them. Fossil fuel cases represent 36.8% of the total ISDS Cases amount claimed and 69.8% of the total ISDS cases amount awarded.
Masayoshi Iyoda, Japan Campaigner of 350.org: “Fossil companies are using this notorious trade provision to block global progress for just transition to 100% renewable society. People are already being forced to pay a high price for fossil fuels through energy bills, subsidies and climate costs — we don’t need more public money going to fossil giants through dispute settlement. COP31 must show the political signals that we need to make polluters pay, not be compensated. True solutions will be led by the true commitment of fossil fuel phaseout and climate finance contributions.”
COP31 should remove all barriers for a faster climate action plan, particularly on climate financing. A fair solution on climate financing will not be realized until the governments worldwide remove or cancel treaties with the ISDS mechanism.
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#ISDSOutClimateJusticeIn #StopISDS
For further communication please contact us (some of us will be in Antalya, Turkiye for COP31):
Dr Patricia Ranald campaign aftinet.org.au +61419695841
Aryanto Nugroho aryanto@pwyp-indonesia.org
Rachmi Hertanti r.hertanti@tni.org
Joseph Purugganan josephp@focusweb.org
Masayoshi Iyoda masayoshi.iyoda@350.org
[1] UNCTAD (2025) IIA Issues Note 2, ‘Recent trends in Investor-State arbitration cases’. Geneva: United Nations Trade and Development. https://unctad.org/publication/recent-trends-investor-state-arbitration-cases
[2] Source: Global ISDS Database, September 2026, working file (sheet “UNCTAD ISDS 2026”, 1,465 cases). All amounts in USD. Values calculated from the case data;
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