

SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
To donate by check, phone, or other method, see our More Ways to Give page.


Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
Investor-state dispute settlement has become a powerful weapon for multinational firms to challenge policies aimed at phasing out fossil fuels, often resulting in massive financial penalties for states that attempt to regulate or transition their economies.
As Colombia prepares to host the world’s first Global Conference on Transitioning Away from Fossil Fuels this April, a powerful coalition of more than 220 leading economists, legal scholars, and policymakers is calling on President Gustavo Petro to take bold action.
In a public letter presented on Monday in Bogota, promoted by the Center for Economic and Policy Research, Boston University Global Development Policy Center, and the NGO Public Citizen, signatories including Nobel laureate Joseph Stiglitz, economist Thomas Piketty, and Paris Agreement architect Laurence Tubiana urge Colombia to lead an international effort to dismantle investor-state dispute settlement (ISDS), a system embedded in thousands of trade and investment agreements worldwide, including in Colombia.
As of 2025, Colombia had over $13 billion in pending ISDS charges, about one-seventh of its annual budget. To compare, it would cost $42 billion to fully implement the 2017 peace agreement, while it would cost about $25 billion for the country to have universal healthcare. Without confronting ISDS, meaningful state action may be impossible.
ISDS, sometimes referred to by economists as “litigation terrorism,” allows foreign corporations to sue governments in private arbitration tribunals over public-interest regulations, including environmental protections. It has become a powerful weapon for multinational firms to challenge policies aimed at phasing out fossil fuels, often resulting in massive financial penalties for states that attempt to regulate or transition their economies.
If the world is serious about confronting the climate crisis, it must also confront the legal and economic structures that entrench fossil fuel dependence. Dismantling ISDS is a precondition for meaningful change.
“Investor-State Dispute Settlement has a track record of being very favorable to foreign corporations at the expense of local communities, the environment, and economic development,” Stiglitz noted. For countries seeking to move away from fossil fuels, ISDS creates a chilling effect; governments hesitate to enact ambitious climate policies for fear of triggering billion-dollar lawsuits.
Stiglitz added that "investor-state dispute settlements don’t just mean growing debt burdens for countries: they are also a barrier to action on the climate crisis.”
Colombia is especially exposed. The country has 129 oil and gas projects covered by ISDS provisions, leaving it vulnerable to a wave of potential claims as it pursues its energy transition.
Petro has signaled his intent to reduce reliance on these mechanisms, but has yet to follow the path of countries such as South Africa, India, and Indonesia, which have terminated ISDS-linked agreements outright after concluding they undermined national sovereignty.
Across Latin America, ISDS has quietly transferred enormous public wealth to foreign corporations. Governments have been forced to pay out tens of billions of dollars in arbitration awards, particularly in countries like Argentina, Peru, and Venezuela, which, not coincidentally, have also faced severe economic and energy crises.
This system vastly privileges foreign investors over domestic firms, bypasses national courts, and effectively grants corporations veto power over public policy. As development economist Jayati Ghosh argues, bilateral investment treaties have “weaponized” corporate influence, restricting the ability of governments to act in the public interest without delivering clear benefits in terms of increased investment.
Colombia’s upcoming conference offers a rare opportunity to challenge this global regime. The letter’s authors propose the creation of an international alliance committed to unwinding ISDS and restoring democratic control over economic policy. The European Union’s recent withdrawal from the Energy Charter Treaty, due to its protections for fossil fuel investments, signals that even advanced economies are beginning to recognize the incompatibility of ISDS with climate goals.
Yet, even as Petro pushes for a fossil fuel phaseout and questions the legitimacy of ISDS, other governments in the hemisphere are moving in the opposite direction. Ecuador’s conservative President, Daniel Noboa, a billionaire businessman dogged by allegations of corruption, authoritarianism, and links to drug traffickers, has aggressively pursued new trade and investment agreements with the United Arab Emirates, Canada, and the United States. These deals include ISDS provisions, despite both the Ecuadorian Constitution and the Ecuadorian people outright banning ISDS.
Other right-wing politicians in the region, including anarcho-capitalist Argentine President Javier Milei, have also expressed support for expanding ISDS, to further the entrenchment of corporate power in the region.
As Andrés Arauz of the Center for Economic and Policy Research puts it, ISDS creates a “fast-track legal system” that grants corporations a “license to kill” public-interest regulation through the threat of massive financial penalties.
The coalition’s message to Colombia is salient; if the world is serious about confronting the climate crisis, it must also confront the legal and economic structures that entrench fossil fuel dependence. Dismantling ISDS is a precondition for meaningful change.
In Santa Marta this April, Colombia has a chance to lead, and turn the region away from complete surrender to foreign corporate interests, instead attempting to build economies around popular prosperity, dynamic democracy, and robust constitutionalism.
Electricity prices can’t keep going up and up something’s got to give: A hybrid supply-demand response would minimize the economic pain of high electricity prices while putting the country on a more sustainable path.
Using current economic trends to predict the future can be misleading, since all trends are subject to limits and countertrends. In this article, I’ll apply that truism to a trend that a lot of people are talking about—soaring electricity prices in the United States.
Across the US, electricity prices are rising more than twice as fast as the overall cost of living. The main driver of costs is the enormous electricity demand of over 1,000 new data centers, built mostly for artificial intelligence (AI) applications. Each data center, depending on its size, requires anywhere from a few kilowatts up to 100 megawatts of power (enough to power a medium-sized city). Installations of new data centers are growing at more than 10% annually; at that rate, the total number of data centers will double in less than seven years. Indeed, the International Energy Agency expects global electricity demand from data centers to double by the end of this decade, when it will total more than the entire electricity demand of Japan. Goldman Sachs Research predicts that 60% of this increased demand will be met by fossil fuel sources.
Understanding why rising electricity demand from data centers is a serious problem requires more than a glance at your latest utility bill. Energy isn’t just one of many inputs into the economy; in effect, it is the economy, since doing anything requires it. Of all the energy used in the US and globally, only a little over 20% is in the form of electricity; the rest entails the direct burning of fossil fuels (most electricity is generated also by burning fossil fuels; in the US, 60% of electricity comes from fossil fuel sources—mostly natural gas). Electricity is not a direct source of energy; it’s an energy carrier. But, for households and industries alike, it is an extremely useful way of conveying energy to end users. Just flip a switch or push a button, and electricity makes something happen. It does many things for us, but its role in enabling communications and data processing gives electricity a pivotal importance in the overall energy mix of modern society.
Energy usage for data processing and communications doesn’t tend to rise and fall in response to short-term changes in power prices; economists call it “inelastic.” So, when electricity prices soar, households and businesses must adjust. For households, that typically means buying fewer discretionary consumer products; for businesses, it means raising prices for services or goods. The whole economy grinds slower. We have a storied history of recessions in 1973, 1979, and 2008 that were related to rising fossil fuel prices impacting the entire economy (see photos of gasoline lines and shortages from 1973). What happened with fossil fuels could happen with electricity: As electricity assumes a central role in our energy system, future price spikes could conceivably be as crippling as the OPEC oil embargoes of the 1970s.
A bursting AI bubble could at least temporarily halt electricity price increases tied to new data centers. But it might be a dreadful “solution,” especially for people who are neither wealthy nor politically connected.
Growing electricity demand for data centers is also a problem because of climate change. Almost all of society’s “progress” in reducing emissions has been in the electricity generation sector (e.g., using solar panels instead of coal to generate electricity). But if electricity demand grows fast, that makes it harder to continue increasing renewables’ share of electricity generation: Demand spikes put utility companies in panic mode, so they deploy any new generating capacity they can quickly obtain—and, so far, they’re resorting to new natural gas turbines more often than new wind projects or solar arrays.
Data centers may be a largely unforeseen disruption to an enormous project that energy planners call the energy transition. As society moves away from fossil fuels, more of its energy usage will occur via electricity—which is the energy output of solar panels, wind turbines, and hydroelectric dams. The transition depends on an ongoing electrification of the economy, starting with electric vehicles. With data centers sucking up so much electricity, it becomes all the harder to deploy electricity to other uses and sectors, which is what planners had been counting on.
Electricity prices can’t keep going up and up. Something’s got to give. Let’s first explore the more obvious solutions to the electricity price dilemma, and then the systemic limits and countervailing trends that will determine which of those solutions is more feasible and likely. I’ll finish by proposing a hybrid supply-demand response that would minimize the economic pain of high electricity prices while putting the country on a more sustainable path.
The obvious solution to rising electricity prices is to meet new demand with new supply. Just generate more power. What energy sources are available for that purpose?

None of those supply solutions seems ideal. Moreover, before we try to choose a candidate and say, “Problem solved,” it’s essential that we examine limits and countertrends that could cause the current electricity price trajectory to shift.
US electricity prices could rise even faster, or the current trend could go into reverse and electricity could get cheaper. What are the foreseeable limits or countertrends that could lead to either of those outcomes?
One factor is natural gas prices, which have been relatively low and stable for the past couple of decades; indeed, adjusted for inflation, they have declined significantly. This has been due to rising North American shale gas supplies released by fracking. Cheap natural gas, in turn, has kept US electricity prices relatively stable until recently. Now, however, two factors are contributing to a likely increase in natural gas prices.
The first is the growth of the US liquefied natural gas (LNG) industry. Currently Europe is, for political and security reasons, phasing out Russian natural gas delivered by pipeline. Instead, Europeans are buying more LNG imported by tanker, a costly substitute. Gas producers in the US, flush with shale gas, are eager to serve these new customers, who are willing to pay much more for natural gas than Americans do currently. So, new LNG export terminals are springing up on the US Gulf Coast, with some already shipping their first cargoes. With a growing share of US natural gas being exported (projected to be over 10% of total production by 2030), domestic prices for the fuel will likely rise, forcing gas-burning utility companies to hike up electricity prices further and faster.
When the people own the means of generation, they can collectively decide to promote renewables over fossil fuels as a source of power.
Meanwhile, America’s shale gas miracle may soon start to peter out. As I noted in a recent article, shale gas fields suffer from rapid depletion of individual wells and thus require high rates of drilling. Most US shale gas regions have already passed their peak of production and are in their plateau or decline phase of extraction. One prominent resource analytics firm forecasts that total US shale gas production will peak between 2027 and 2030. If natural gas production falls, it may be difficult for other electricity sources to grow fast enough to avert power supply problems or rate hikes.
A factor that could conceivably slow electricity price increases, or perhaps even cause prices to fall, is investors’ potential unwillingness to further finance the build-out of AI. In recent months, many Wall Street analysts have expressed dismay at the expanding gap between AI spending—projected to hit $1.5 trillion this year—and actual revenues for companies developing and using AI. Many investors now believe AI stocks are a financial bubble whose bursting could cause a recession or depression for the entire US economy, even the global economy.
A bursting AI bubble could at least temporarily halt electricity price increases tied to new data centers. But it might be a dreadful “solution,” especially for people who are neither wealthy nor politically connected. Past financial crises have been stanched with bailouts for banks and investors, thereby transferring wealth from the public to risk-taking entrepreneurs, while ordinary folks deal with job losses and vanishing retirement nest eggs.
Any realistic solution to soaring electricity prices must address both supply and demand.
Supply: Of the sources of energy for electricity generation, renewables make the most sense, even though they are subject to their own limits and drawbacks, including unsustainable requirements for scarce raw materials and major concerns about environmental, social, health, and security impacts.
Demand: Since materials limits mean that electricity generation from renewables cannot be scaled up indefinitely, it is essential that planners identify ways to reduce electricity demand over the long-term.
Investor-owned utilities have an incentive to sell more product so as to generate more profits and returns for investors. Investor ownership is therefore an impediment to stabilizing electricity supply at a sustainable scale over the long run. Fortunately, there are two other ownership models: electric cooperatives and publicly owned utilities. These kinds of power producers currently supply almost 30% of all US electricity, and typically charge their customers less for power.
When the people own the means of generation, they can collectively decide to promote renewables over fossil fuels as a source of power, as my own local provider, Sonoma Clean Power (SCP), already does.
Community-owned power companies can also promote the reduction of electricity demand. For example, SCP incentivizes the purchase of energy-efficient electric appliances, rooftop solar, and EVs. States can also help with demand reduction; for example, the State of California provides rebates for home efficiency measures.
Here’s another demand reduction strategy, one that’s tailored to the specifics of our current dilemma: States and counties could refuse to grant building permits for new data centers. Failing that, they could wall off AI’s rising electricity demand from electricity markets by requiring data center builders to provide dedicated power plants not connected to the grid. Some data center operators are already doing this, though only a tiny minority so far; most of the off-grid generators rely on natural gas.
This strategy will likely face pushback. The Trump administration is working on ways to keep individual states from regulating AI. Further, even if these efforts fail, AI companies can be expected to hire expensive lawyers and lobbying firms to oppose regulations such as a requirement for off-grid power.
But suppose all new data centers do supply their own off-grid generators. If those generators use natural gas, then competition for fuel with grid-tied power plants could raise natural gas prices, again likely causing electricity prices to soar. The best work-around would be to require data centers to build only renewable-energy generators (including deep geothermal). Again, expect pushback.
Altogether, it’s hard to see any of this happening without a broad base of public support, which would in turn require the public to be better informed on energy issues. It would also require leadership from grassroots activists and politicians. It’s a big ask, when there are already plenty of other priorities for problem solvers. However, unless more electric utilities come to be publicly owned, and a large majority of data centers start generating their own off-grid power from renewable sources, electricity price hikes for households and businesses are likely to continue until the AI financial bubble bursts or electricity prices rise enough to cripple the economy.
Electricity is our energy future, but the details of that future are still sketchy. Right now, the picture is being drawn by billionaire investors, but it looks dark and dystopian. Surely more imaginative artists could do better.
As ministers arrive in Belém for the final COP30 sprint, the world must move from words to action: That means ending fossil fuel expansion and unlocking the public finance needed to build a fair, fast, and funded energy transition.
At COP28 in Dubai, countries finally agreed to transition away from fossil fuels. That pledge signaled the beginning of the end of the fossil fuel era. But words alone won’t cool the planet, and in the years since, fossil fuel production has only continued to rise, driven primarily by rich countries.
As ministers arrive in Belém for the final COP30 sprint, the world must move from words to action. That means ending fossil fuel expansion and unlocking the public finance needed to build a fair, fast, and funded energy transition.
Oil Change International's recent analysis shows that just four countries—the United States, Canada, Australia, and Norway—increased their oil and gas production by nearly 40% since the Paris Agreement, while production in the rest of the world dropped by 2%. These countries, despite their wealth and historic responsibility for the climate crisis, are dragging the world backwards. The impacts are clear: worsening climate disasters, rising energy costs, and growing injustice.
Meanwhile, the finance to support the transition is nowhere near what’s required. A fossil-fuel phaseout isn’t just about avoiding runaway climate change, it’s about making energy cheaper, safer, and more reliable in an increasingly unstable world. Cutting dependence on oil and gas shields countries from price swings, lowers bills, creates jobs, and supports climate-resilient development. But to ensure everyone shares in the benefits, international cooperation, and government planning and funding is key. This is illustrated by today’s fast but unequal renewable energy deployment, the energy access gap, and NDCs lacking concrete plans to phase out oil and gas.
A just transition is the only way to deliver real climate action. And it won’t come from voluntary pledges or corporate-led initiatives.
During the first week of COP two topics were at the center of discussions: Brazilian Environment Minister Marina Silva’s push for a road map to transition away from fossil fuels, and developing countries’ insistence on centering wealthy countries’ legal obligation to deliver public climate finance under Article 9.1. A road map cannot be successful without the latter. Massive investments are needed in grids and storage, energy access and just transition plans, particularly in developing countries, and private finance is poorly suited to meet these needs. It also adds to already unsustainable debt levels, while many Global South countries already spend more on debt repayments than on education, healthcare, or climate action. Rising debt is choking climate action.
And yet, the European Union, United Kingdom, Canada and Japan, among others, are overselling the role of private finance in covering the energy transition bill. This not only disregards their legal obligation to provide public climate finance at a scale that meets needs, affirmed recently by the world’s highest international court. It also sets the world up for energy transition failure.
It does not have to be this way. The public money needed for a fair fossil fuel phaseout, a just transition, and adaptation exists. As rich countries cut overseas aid, while they increase their military spending, it is important to remember that governments have a choice. They can unlock $6.6 trillion every year through fair taxes, ending fossil fuel subsidies, cancelling unjust debts, and supporting reforms to the unfair global financial system.
COP30 offers a chance to course correct. Governments must stop issuing new licenses for fossil fuel extraction and launch a formal process to implement the COP28 decision to transition away from fossil fuels. That means equitable national phaseout plans, support for just transitions, and an end to fossil fuel finance. It also means wealthy countries fulfilling their Article 9.1 obligations, and providing the public money needed for a transformation rooted in justice.
A just transition is the only way to deliver real climate action. And it won’t come from voluntary pledges or corporate-led initiatives. It must be driven by governments and shaped by people on the frontlines of the crisis: workers, Indigenous Peoples, and communities across the Global South.
Movements are rising to demand a fossil-free future that is equitable and achievable. At COP30, world leaders must choose whose side they are on. The choice is clear: Plan a fossil fuel phaseout, pay your fair share, and deliver a just transition for workers and communities, or fuel the fire while the planet burns.