*(Timestamps below)*

We are welcoming Dr. Elena Cima on Bariscope to finally discuss a climate-related subject on our podcast. Having studied International Law at Yale Law school and Tsinghua University before completing her Ph.D. at the Graduate institute in Geneva and joining the University of Geneva as a research and teaching fellow, Dr. Cima presents an impressive academic record focusing principally on international energy governance as well as on the role international trade, investment and dispute settlement can play in addressing climate change. Tune in to find out how actors and institutions that are not overly associated with green policies such as the WTO increasingly incorporate sustainability and environmental considerations into their actions and how the balance of power between corporations, governments and the civil society is changing.

Dr. Cima first explains the legal framework of international energy governance and illustrates how international environmental law boasts a challenging complexity and fragmentation. Next, we discuss how the introduction of sustainable development, on paper, allowed for the conciliation of the diverging interests of corporations, host countries in the global south and the environment and where this concept presents shortcomings. We further examine how state autonomy can be preserved vis-à-vis foreign investors and how environmental considerations are increasingly incorporated in international agreements between actors and institutions that were not founded based on environmental imperatives.

On a more abstract level, Dr. Cima explains how law can be embraced as a tool to foster progressive and sustainable policies, for example in leading to governments being sued before national courts. We further discuss the concept of environmental democracy and overall changes in power relations between corporations, governments and the civil society.

Lastly, Dr. Cima shares her experience at Yale Law School and illustrates how both academic life and the general approach to academia of this institution differ from continental European universities.

To find out more about Dr. Elena Cima check out her profile on the website of the university of Geneva.

We hope this conversation gives you some food for thought! Do send us any feedback you have, positive and negative, on Instagram @bariscope_ccc

As always, thank you for your time and interest!

Lea & Lukas

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(2:50) The role of the energy sector in addressing climate change and how this issue sparked Dr. Cima's interest

(6:00) The characteristics and actors that define the legal framework of energy governance

(11:29) The role of the WTO in addressing climate change

(16:58) How the concept of sustainable development allows to conciliate the different objectives of trade and environmental prospective

(21:11) How foreign investment can be conciliated with sustainability and respect the rights of the host states

(27:37) How disputes regarding trade and investment can be settled without resulting in power politics and the loss of state sovereignty

(31:00) Is law a static force or can it be embraced as a tool to promote more sustainable policies?

(36:14) As governments are being sued for their climate inaction, Dr. Cima explains the role of national courts and international law in enforcing sustainable policies.

(41:19) Dr. Cima’s experience at Yale Law school: how does the approach to academia of this institution compare to continental Europe?

(46:18) Three tips from Dr. Cima to her 20-year-old self

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BariscopeBy BariscopeJul 05, 2021