International Investment Law and the Extractive Industries Sector

International investment law has evolved rapidly into a complex web of over 3,000 investment treaties used to challenge a wide range of host state actions and inactions. These challenges expose host states to potentially significant financial costs, and can restrict the ability of such states to maximize the benefits—and limit the environmental and social harms—that can result from the exploitation of natural resources. This briefing note (updated in July 2022) provides an introduction to international investment law to assist stakeholders in grasping the diverse and significant implications of this body of law for the governance of investments in the extractive industries sector.

Within the world of extractives and international investment law, CCSI continues to expand its work on the analysis of critical minerals extraction, particularly as states mobilize resources to support the energy transition and pathways to decarbonization. A blog published in March 2024 highlights a list of known ISDS cases, both treaty- and contract-based, that poignantly center minerals critical to the energy transition.