Clara Lopez
Lecturer at KCL, Deputy Director Centre for Climate Law and Governance, researching on mining, human rights and investment arbitration
- Very excited to share my new paper on Compensating Uncertainty: The Case of Mineral Resource Exploration in ISDS published by JIEL. TL/DR: I argue that Discounted Cash Flow should not be used in investment arbitration to value early stage investments academic.oup.com/jiel/advance...
- 🚫 DCF cannot account for radical or Knightian Uncertainty: using DCF to value an investment that does not yet exist (a mine) leaves mining investors better off. ❌ Additionally, the way DCF is used in investment arbitration does not align with Fair Market Value.
- 🌱 Overcompensation in these terms leads to regulatory chill, affects the implementation of human rights and environmental norms, and provides perverse incentives to investors. I am very happy to receive feedback so contact me if you have any!
- 🌍 What role can international courts play in addressing the climate emergency?Join us for a powerhouse panel on the Inter-American Court’s upcoming Advisory Opinion on Human Rights & the Climate Emergency. www.kcl.ac.uk/events/iacth...
- Happy to share that my review of The Politics of Investment Treaties in Latin America by @juliacalvert.bsky.social has been published by the @jlpe.bsky.social
- Review of @juliacalvert.bsky.social, The Politics of Investment Treaties in Latin America (Oxford University Press, 2022) by @claralopez.bsky.social escholarship.org/uc/item/5md2...