EU countries’ bilateral investment treaties and the protection of biodiversity

EU countries have some 1 000 bilateral investment treaties with third countries, that protect foreign investment between the partner countries against losses from government policy measures. It is often alleged that the compensation requirements that these agreements impose, restrict the willingness of the partner countries to undertake measures that are to the detriment of foreign investors. Along these lines, a number of EU countries are in the process of leaving the Energy Charter Treaty, citing its incompatibility with the Paris Agreement on climate. However, EU countries have not explained how their high ambitions regarding biodiversity protection can be compatible with their approximately 1 000 bilateral investment agreements. The general purpose of this project is to highlight the extent to which these agreements protect investment in areas that are particularly vulnerable from a biodiversity point of view.