Bolivia’s fight to escape corporate arbitration sets a global precedent

Bolivia’s decades-long battle to leave a secretive legal system that lets corporations sue governments has inspired a global reckoning over investor-state dispute settlements (ISDS) and their impact on sovereignty, justice and climate action.

Katie Surma and Nicholas Kusnetz report for Inside Climate News.


In short:

  • Bolivia was the first country to withdraw from ISDS, citing its harmful impact on sovereignty, environmental policies and national resources.
  • The system, designed to protect foreign investors, has been criticized for undermining national courts and enabling corporate overreach, especially in developing nations.
  • ISDS remains entrenched in global treaties, complicating efforts by nations like Bolivia to fully sever ties with this system.

Key quote:

“ISDS is highly problematic, to put it mildly. An investor telling a government, ‘We will bring an arbitration case if you try to protect a local community or give them access to water or limit our mining operations,’ that is crippling.”

— Surya Deva, United Nations special rapporteur

Why this matters:

Designed to protect foreign investors, ISDS operates like an invisible courtroom where corporations can sue governments, often behind closed doors, for policies they claim harm their profits. It’s been baked into international treaties for decades, quietly eroding national sovereignty.

Related: Tapping into the power of community to make informal settlements healthier.

A muddy rising river in a valley in Nepal

Nepal’s PM says flash flood was ‘warning to world’ as he scolds leaders at UN over climate change

Shah ⁠said Nepal’s recovery and reconstruction needs were estimated at about 10% of GDP, as he appealed for more international support.

A wave coming up against a fenced sea wall during a storm

How does climate change impact nor'easters?

A nor'easter brings heavy rain, winds, and flooding to the U.S. East Coast.
Two men drilling a geothermal well for a residential geothermal heat pump.
Credit: RGtimeline/BigStock Photo ID: 208821436

New Colorado neighborhood could offer glimpse into the future of home energy use

The partners behind a project in suburban Denver think they’ve found a way to accelerate the adoption of residential geothermal heating and cooling.
A car's fuel gauge showing empty

How Trump is unintentionally helping the world’s climate

While the president remains a climate-change denier, the war with Iran has triggered an unforeseen benefit in the fight against global warming.
A view of a city street with cars and tall buildings

Trump administration plans to gut clean car rules

New fuel-economy standards, which President Trump said he finalized Saturday, would kill a federal effort to speed the transition to electric vehicles.
Crude oil and petroleum concept. Pump jack, US dollar notes, and Venezuela flag background
Credit: MillaF/ BigStock Photo ID: 361719841

‘Love letter’: California Attorney General takes aim at Trump’s links to Big Oil

Democrat Rob Bonta is preparing to fight the president’s rollback of a regulatory keystone on climate.

A field of green wheat stalks under a gray sky

British farmers saw ‘disappointing’ harvest and lower crop yields after hottest summer on record

The Agriculture and Horticulture Development Board warned that the quality of the crops harvested has also been impacted.

From our Newsroom
Multiple Houston-area oil and gas facilities that have violated pollution laws are seeking permit renewals

Multiple Houston-area oil and gas facilities that have violated pollution laws are seeking permit renewals

One facility has emitted cancer-causing chemicals into waterways at levels up to 520% higher than legal limits.

Regulators are underestimating health impacts from air pollution: Study

Regulators are underestimating health impacts from air pollution: Study

"The reality is, we are not exposed to one chemical at a time.”

Pennsylvania governor Josh Shapiro speaks with the state flag and American flag behind him.

Two years into his term, has Gov. Shapiro kept his promises to regulate Pennsylvania’s fracking industry?

A new report assesses the administration’s progress and makes new recommendations

silhouette of people holding hands by a lake at sunset

An open letter from EPA staff to the American public

“We cannot stand by and allow this to happen. We need to hold this administration accountable.”

wildfire retardants being sprayed by plane

New evidence links heavy metal pollution with wildfire retardants

“The chemical black box” that blankets wildfire-impacted areas is increasingly under scrutiny.

Stay informed: sign up for The Daily Climate newsletter
Top news on climate impacts, solutions, politics, drivers. Delivered to your inbox week days.