Laura Létourneau-Tremblay

• Létourneau-Tremblay, Laura (2026). Deference, Environment and ISDS Reform. Journal of World Investment & Trade. ISSN 1660-7112. p. 25–25. doi: 10.1163/22119000-bja10105. Full text in Research Archive Show summary

  Abstract Concerns about provisions on the right to regulate and the extent to which a state’s right to regulate for the public interest remain a contentious issue. UNCITRAL Working Group III proposes a formulation of the right to regulate in its Draft provisions on procedural and cross-cutting issues to balance state’s regulatory interests with investment protections in ISDS. This article proposes to focus on deference as included in the Draft provision 19 on the right to regulate. It suggests providing a deeper understanding of the current practice of deference in arbitral decision-making to assess the benefits of such proposal. It therefore asks: how is deference applied by ISDS tribunals in environment-related cases? To answer this question, the article defines the concept of deference and its different levels and then analyses the level of deference applied by arbitral tribunal in environment-related ISDS cases. The analysis demonstrates the variation and inconsistent application of deference, thus showing the complexity and flexibility of the concept of deference. It then concludes by reflecting on the limited contribution of deference for balancing the protection of the States’ regulatory space and the protection of foreign investment.

• Strain, Nicola Claire; Lie, Runar Hilleren; Chernykh, Yuliya; Espelid, Even; John, Taylor St & Langford, Malcolm [Show all 20 contributors for this article] (2024). Compliance politics and international investment disputes: a new dataset. Journal of international economic law. ISSN 1369-3034. 27(1), p. 70–92. doi: 10.1093/jiel/jgae004. Full text in Research Archive Show summary

  The ability to ensure compliance with investor-state arbitral awards is often regarded as one of the strengths of the international investment regime. Yet, there have been few systematic studies of compli- ance to assess the extent to which states have actually complied with adverse investor-state compensa- tion awards. This paper presents a new dataset that enables empirical research on compliance with these decisions; it is the first publicly available dataset to focus on what happens after awards are handed down, and in this way complements other databases on international investment law. This paper explains the data collection process (and its associated challenges), discusses the design choices made in selecting inputs and variables, presents a descriptive overview of the data, and examines how variables can be used in future research. Moreover, various cases are used as illustrations of the challenges of collecting and coding data on post-award processes and we explore what missing data can tell us abou

• Létourneau-Tremblay, Laura (2022). In Need of a Paradigm Shift: Reimagining Eco Oro v Colombia in Light of New Treaty Language. Journal of World Investment & Trade. ISSN 1660-7112. 23(5-6), p. 915–946. doi: 10.1163/22119000-12340274. Full text in Research Archive
• Behn, Daniel; Langford, Malcolm Stroud; Létourneau-Tremblay, Laura & Lie, Runar Hilleren (2021). Evidence-Guided Reform: Surveying the Empirical Research on Arbitrator Bias and Diversity in Investor-State Arbitration. In Elsig, Manfred; Polanco, Rodrigo & Bossche, Peter van der (Ed.), International Economic Dispute Settlement: Demise or Transformation?. Cambridge University Press. ISSN 9781108832830. p. 264–294. doi: 10.1017/9781108966122.011. Full text in Research Archive Show summary

  As a diffuse, sprawling, relatively opaque and increasingly polarized legal order, the international investment regime, with its thousands of largely bilateral investment treaties, ad hoc system of adjudication – called investor–state arbitration or investor–state dispute settlement (ISDS) – and a decades-long legitimacy crisis and backlash against its practice make it a challenging phenomenon to accurately describe and assess. It also makes the identification and prioritization of its most problematic and reform-worthy areas of concern difficult to pin down. Without empirical data, the international investment regime has been, and to some degree continues to be, very susceptible to heuristics based on limited information, anecdote, and surface-level policy prescription.

• Gáspár-Szilágyi, Szilárd & Létourneau-Tremblay, Laura (2020). A Question of Impartiality: Who are the Dissenting Arbitrators in Investment Treaty Arbitration? In Baetens, Freya (Eds.), Identity and Diversity on the International Bench: Who is the Judge?. Oxford University Press. ISSN 9780198870753. p. 280–312. Full text in Research Archive
• Giorgetti, Chiara; Letourneau-Tremblay, Laura; Behn, Daniel & Langford, Malcolm (2020). Special Issue: Reforming International Investment Arbitration - An Introduction. The Law & Practice of International Courts and Tribunals. ISSN 1569-1853. 18(3), p. 303–313. doi: 10.1163/15718034-12341406. Full text in Research Archive
• Behn, Daniel; Langford, Malcolm & Letourneau-Tremblay, Laura (2020). Empirical Perspectives on Investment Arbitration: What Do We Know? Does It Matter? Journal of World Investment & Trade. ISSN 1660-7112. 21, p. 188–250. doi: 10.1163/22119000-12340172. Full text in Research Archive
• Behn, Daniel Friedrich; Fauchald, Ole Kristian & Letourneau-Tremblay, Laura (2017). Promoting renewable energy in the EU: Shifting trends in Member state policy space. European Business Law Review. ISSN 0959-6941. 28(2), p. 217–243. doi: 10.2139/ssrn.2704333. Full text in Research Archive Show summary

  Within a framework of mandatory targets, obligations to adopt plans, and a regime of country reports and monitoring, as set out in EU’s Renewable Energy Directive 2009/28/EC, Member States of the EU have had relative autonomy in the ways and means that renewable energy generation has been promoted. This, however, might be changing; the EU is currently in the process of redesigning its policies on the promotion of renewable generation for the period of 2020 through 2030. Central is a proposal to shift binding targets from the Member State level to the EU level, and to strike a new balance between the objectives of providing Member States increased flexibility when designing policies to promote renewable energy, and to ensure coordination of national policies. In addition to challenges concerning the effective implementation of the current Directive, there appear to be a number of other factors affecting the EU’s achievement of its renewable energy goals. Most of these additional factors are external to EU renewable energy policy per se; rather they deal with the free movement of energy within the EU and between the EU and third states, and the interaction between international obligations of the EU and its Member States and the EU’s policy on renewable energy. This article examines the historical progression of EU laws and policies concerning the promotion of renewable energy, identifies many of the factors inhibiting or challenging the achievement of EU renewable energy policy goals, and analyzes whether the consequences of currently proposed shifts in renewable energy promotion policy in light of the ‘policy space’ of Member States and effectiveness in achieving new renewable targets.

• Behn, Daniel Friedrich & Letourneau-Tremblay, Laura (2016). Judging the Misapplication of a State’s Own Environmental Regulations. Journal of World Investment & Trade. ISSN 1660-7112. 17(5), p. 823–832. doi: 10.1163/22119000-12340013. Full text in Research Archive

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• Létourneau-Tremblay, Laura; Eskeland, Gunnar; Tscherning, Rudiger Philipp Helmuth & Nordtveit, Torhild (2026). Investments in the Hydrogen Market. Full text in Research Archive Show summary

  Norway and Canada's intensifying economic cooperation as critical supplier countries: what can we learn from ten years of economic and policy incentives to establish a transatlantic hydrogen economy? Our webinar - as part of the HyValue Research Project series - will feature Norwegian and Canadian experts on clean energy economics, law and trade, with a special focus on the hydrogen economy. The presentations will be followed by a moderated Q&A Discussion with audience participation

• Létourneau-Tremblay, Laura (2025). The Use of International Environmental Agreements in International Investment Law. doi: https:/jura.ku.dk/english/welma/calendar/2025/international-investment-law-and-the-green-transition/. Full text in Research Archive
• Létourneau-Tremblay, Laura (2025). Interpretation of International Investment Law: towards an ecological approach? Full text in Research Archive
• Létourneau-Tremblay, Laura (2025). Deference, Environment and ISDS Reforms. Full text in Research Archive
• Létourneau-Tremblay, Laura (2025). Deference, Environment and ISDS reform. Full text in Research Archive
• Strain, Nicola; Lie, Runar Hilleren; Chernykh, Yuliya; John, Taylor St; Espelid, Even & Langford, Malcolm [Show all 19 contributors for this article] (2023). Compliance Politics and International Investment Disputes: A New Dataset. SSRN Electronic Journal. Full text in Research Archive
• Létourneau-Tremblay, Laura (2023). International Investment Law from an Adaptive Law Perspective. Full text in Research Archive
• Létourneau-Tremblay, Laura (2023). International Investment Law from an Adaptive Law Perspective. Full text in Research Archive
• Létourneau-Tremblay, Laura (2023). Les questions environnementales en arbitrage international d’investissement : un bilan. Full text in Research Archive
• Létourneau-Tremblay, Laura (2023). International Investment Law and Climate Change : Towards Alignment? Full text in Research Archive
• Létourneau-Tremblay, Laura (2023). Taking stock and moving forward after 30 years of debating environmental issues. Full text in Research Archive
• Létourneau-Tremblay, Laura (2023). The Environment and Investor-State Arbitration: Evolution or Devolution? Full text in Research Archive
• Létourneau-Tremblay, Laura (2022). Reformed Provisions on Fair and Equitable Treatment: Skillful (Re)Balancing Act for Environmental Protection and Climate Change? Full text in Research Archive
• Létourneau-Tremblay, Laura (2022). Input for the Study by the Expert Mechanism on the Right to Development in International Investment Law. Full text in Research Archive
• Létourneau-Tremblay, Laura (2022). Reimagine Eco Oro v. Columbia in Light of Reformed Investment Treaties: Winds of Change? Full text in Research Archive
• Létourneau-Tremblay, Laura (2022). Reimagining Eco Oro v. Colombia in light of reformed provisions on fair and equitable treatment: Skillful (re)balancing act? Full text in Research Archive
• Létourneau-Tremblay, Laura (2021). The Changing Landscape of International Investment Law: Supportive of Climate Change? Full text in Research Archive
• Létourneau-Tremblay, Laura (2021). PluriCourts Lunch Seminar: The Changing Landscape of International Investment Law: Supportive of Climate Change? Full text in Research Archive
• Létourneau-Tremblay, Laura (2021). Recent International Investment Treaty Practice and Environmental Protection: Fit for Purpose? Full text in Research Archive
• Letourneau-Tremblay, Laura (2019). Interdisciplinarity and International Economic Law: Diverse Approaches in Research and Practice. Full text in Research Archive
• Letourneau-Tremblay, Laura (2019). Counterclaims and Investors’ Obligations: New Paradigm? Full text in Research Archive
• Letourneau-Tremblay, Laura (2019). Arbitration's Relationship to Policy and Doctrinal Research. Full text in Research Archive
• Letourneau-Tremblay, Laura (2018). Lawful casualty or victim of a war crime? ScienceNordic.com. Full text in Research Archive
• Gáspár-Szilágyi, Szilárd & Letourneau-Tremblay, Laura (2018). Who are the Dissenting Arbitrators in International Investment Treaty Arbitration? Full text in Research Archive
• Gáspár-Szilágyi, Szilárd & Letourneau-Tremblay, Laura (2018). Who are the Dissenting Arbitrators in International Investment Treaty Arbitration? Full text in Research Archive
• Letourneau-Tremblay, Laura (2017). 'The Human Rights of Migrants and Refugees in European Law' by Cathryn Costello. Israel Law Review. ISSN 0021-2237. Full text in Research Archive
• Letourneau-Tremblay, Laura (2015). The Bilcon decision: environmental review processes and threats of regulatory chill. Full text in Research Archive

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