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Bilateral Investment Treaty and Biomass Energy Projects

Aligning Investment Protections with Renewable Energy Goals
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Protecting Sustainable Biomass Investments

Bilateral Investment Treaties (BITs) provide important safeguards for foreign investors in biomass energy projects, ensuring protections like fair treatment, prevention of expropriation, and access to international dispute resolution. These protections create a stable environment encouraging investment in renewable biomass infrastructure and technologies.

Reforming BITs for Climate Alignment

Recognizing the need to support the energy transition, many BITs are being reformed to:

  • Exclude protections for fossil fuel investments, focusing on clean energy projects like biomass.
  • Incorporate regulatory flexibility preserving states’ rights to implement climate policies.
  • Require certificates of approval for investment dispute claims, reducing frivolous challenges to environmental regulations.
  • Encourage technology transfer and responsible business conduct to support sustainable development goals.

Enabling Biomass Market Growth

These reforms ensure that BITs:

  • Facilitate capital flow towards biomass projects contributing to decarbonization and circular bioeconomies.
  • Mitigate risks of investor-state dispute settlement (ISDS) abuse that could block climate-driven policies.
  • Provide balance between investor protection and sovereign rights to regulate in public interest.

IBEC’s Role and Guidance

IBEC supports governments and investors in navigating and adapting BIT frameworks to promote sustainable biomass energy investments worldwide, harmonizing policy environments optimizing both climate impact and investment security.
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