About DSNLU:
The aspirations of the people of Andhra Pradesh to have a centre of excellence in legal education was fulfilled by establishing Damodaram Sanjivayya National Law University (DSNLU), by the Government of Andhra Pradesh vide DSNLU Act, 2008 at Visakhapatnam to impart quality legal education, it is also recognised u/s 2 (f) of UGC Act, 1956 and the BCI. Its mission is to design and deliver legal education, promote academic achievement and excellence in legal research. The University offers 5-year integrated B.A. LL.B. (Hons.) degree and 3-year LLB as well apart from B.A. LLB and LLM (Constitutional Law, Criminal Law and Commercial Law) degree. The University has MOUs for student exchange programs with other National Law Universities at Bangalore, Kolkata, Patna and Patiala. Additionally, University has an MOU with ICADR; NLU Delhi, and is a deemed Study Centre by the IGNOU.
About CADR:
The justice system in India has been under great stress for a number of reasons, primarily due to the enormous pendency of court cases in India underlining the need for Alternative Dispute Resolution (ADR) methods. ADR refers to a variety of dispute resolution strategies that mainly act as alternatives to litigation and are usually performed with the help of a neutral and impartial third party. Mediation, Conciliation, Arbitration, Lok Adalats, Mediation-Arbitration Early Neutral Assessment and Mini Trial are some examples of ADR procedures. The ADR centre, DSNLU therefore found it appropriate to provide a new platform for academic deliberations and research studies on the methods, practices and procedures of ADR techniques.
Keeping in view the aforesaid facts, it was decided to establish DSNLU Centre for Alternative Dispute Resolution (CADR hereinafter) under the aegis of Damodaram Sanjivayya National Law University, Visakhapatnam.
About CELCJ:
The Centre for Environmental Law and Climate Justice (CELCJ) is dedicated to advancing the understanding and application of environmental law in the pursuit of climate justice. Established with the vision of fostering sustainable development through robust legal frameworks, CELCJ serves as a pivotal institution at the intersection of law, environment, and social equity.
About SCC Times:
SCC Times is part of SCC Online, a legal research resource that provides legal information such as law reports, legal commentaries, and statutory law. SCC Online’s content includes Indian, foreign, and international information. For 75 years they have been creating authentic and reliable legal information: Legal Commentaries, Statutory Law and Law Reports. Supreme Court Cases (SCC) is the most cited law report by the Supreme Court of India. All that expertise and experience has gone into curating the content which is available on SCC Online.
About the Event:
The Centre for Alternate Dispute Resolution (CADR), in collaboration with the Centre for Environmental Law and Climate Justice (CELCJ) and SCC Times, is proud to present a public forum debate on the critical and contemporary topic: “Do ISDS Cases Represent a Threat to State’s Climate Change Policies and Actions?”
Investor-State Dispute Settlement (ISDS) mechanisms have become a focal point of intense debate, particularly concerning their impact on the ability of states to implement and enforce robust climate change policies. This debate aims to dissect and understand the complexities surrounding ISDS cases and their intersection with environmental regulations and climate action.
Event Highlights:
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Topic: Do ISDS Cases Represent a Threat to State’s Climate Change Policies and Actions?
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Format: A structured Oxford Union-style debate features expert speakers presenting arguments both for and against a given motion in a formal and organized manner. Each side—proposition and opposition—presents their stance, with speakers taking turns to advocate their position, offering well-reasoned arguments, evidence, and counterpoints. The debate is characterized by its emphasis on critical thinking, persuasive rhetoric, and respectful exchange of ideas.
After both sides have had the opportunity to present their case and rebuttals, the debate typically concludes with a vote, where the audience decides the outcome based on the strength of the arguments presented.
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Participants:
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Proponents: Three speakers representing the Environmental perspective, including an environmental lawyer, a law expert, or an activist, who will argue that ISDS cases pose a significant threat to effective climate change policies.
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Opponents: Three speakers from the Investment arbitration field, including practitioners and lawyers experienced in ISDS cases, who will defend the position that ISDS does not undermine states’ climate initiatives.
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Moderator: A renowned legal practitioner will moderate the debate, ensuring a balanced and insightful discussion.
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Structure of the Debate:
The debate will adhere to the Oxford Union style. Participants will be seated based on their stance: those for the motion will sit to the right of the Moderator, and those against will sit to the left.
To commence, the Moderator will introduce the motion and take a preliminary headcount of the audience’s position on the issue, announcing the initial numbers. The order in which the speakers will present has been pre-determined and communicated to the organizers.
Speaking Order:
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First Proposition Speaker — 20 minutes
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First Opposition Speaker — 20 minutes
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Second Proposition Speaker — 20 minutes
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Second Opposition Speaker — 20 minutes
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Final Proposition Speaker — 10 minutes
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Final Opposition Speaker — 10 minutes
Once all the speakers have made their arguments, the Moderator will again pose the motion to the audience for a second headcount, checking for any shift in opinions.
The side with the most votes will be declared the winner—either the ‘Ayes’ or the ‘Nays,’ depending on the outcome of the final vote.
An informal Q&A session may follow to further explore the topic and engage with the speakers.
Objective of the Debate:
The primary objective of this debate is to provide a platform for a rigorous and balanced discussion on the contentious issue of ISDS and its implications for environmental governance. By bringing together experts from both sides, the event aims to illuminate the various dimensions of the debate, foster informed dialogue, and engage the audience in a critical examination of how legal frameworks can align with global climate goals.
Audience Engagement:
The event will be recorded and subsequently uploaded to YouTube, extending the reach to a broader audience interested in contemporary legal and environmental issues. Attendees and online viewers will have the opportunity to engage with the content, contribute their perspectives, and stay informed about the evolving discourse on ISDS and climate policy.
Themes:
The debate on “Do ISDS Cases Represent a Threat to State’s Climate Change Policies and Actions?” will delve into several critical themes, providing a comprehensive exploration of the intersection between international investment law and environmental policy. Speakers are requested to incorporate the following themes into their speeches:
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ISDS Mechanisms and Their Impacts
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Sovereignty and Regulatory Autonomy
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Climate Change Policies and Legal Challenges
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Investor Protection vs. Public Interest
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Reforming ISDS for Sustainable Development
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Precedents and Jurisprudence
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Stakeholder Perspectives
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Global Governance and Multilateral Solutions
While this list of themes is non-exhaustive, it is essential that these themes are included in the speeches to ensure a unified understanding of the subject matter. Speakers are encouraged to expand on these themes with additional arguments and insights, bringing their unique perspectives to the debate.
Target Audience for the Debate:
Law students interested in exploring alternative legal career paths beyond traditional litigation.
Dates of the Debate: 29th September, 2024
Venue: DSNLU Campus
TIME: 10:30 A.M. onwards
About Visakhapatnam:
Visakhapatnam is a port city and industrial centre in the Indian state of Andhra Pradesh, on the Bay of Bengal. It is known for its many beaches, including Ramakrishna Beach, home to a preserved submarine at the Kursura Submarine Museum. The name was coined after Visakha, the Hindu god of valour. It is surrounded by Eastern Ghats and faces Bay of Bengal on the east. It is also called the City of Destiny, because of its landscape view and very attractive beaches. It is the headquarters of Eastern Naval Command. Nearby are the elaborate Kali Temple and the Visakha Museum, an old Dutch bungalow housing local maritime and historical exhibits. Kailasgiri park was developed by the Visakhapatnam Metropolitan Region Development Authority and comprises 380 acres of land covered with flora and tropical trees. The hill, at 173 metres, overlooks the city of Visakhapatnam. Other tourist spots: Simhachalam, Thotlakonda beach, Rishikonda beach, Visakhapatnam Port.
Organized by:
Centre for Alternative Dispute Resolution in association with Centre for Environmental Law and Climate Justice in association with SCC Times at Damodaram Sanjivayya National Law University, Visakhapatnam
Event Guests/Speakers:
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Mr. Vishavjeet Chaudhary (Moderator): Vishavjeet Chaudhary graduated in law from the University of Kent, Canterbury, in 2011, and was called to the Bar in 2012. He later pursued his master’s degree from the University of Cambridge in 2013, qualifying as a Barrister-at-Law from the Honourable Society of the Inner Temple. With a strong commitment to pro bono work and criminal justice, he has served as an Assistant Professor of Law at O.P. Jindal Global University and as visiting faculty at NLSIU, Bangalore. Alongside his practice in Delhi, Vishavjeet is also a Door Tenant at Lamb Building, a London-based Barrister Chambers. He is actively involved in legal writing and research, contributing extensively to academic journals and media publications. Additionally, he collaborates with EBC Publishing, where he writes book reviews and is currently working on a book project. His recent work includes a review of Law of Obscenity by Saurabh Bindal.
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Ms. Gitanjali Sanyal (Proponent): She is a graduate from Damodaram Sanjivayya National Law University, Visakhapatnam. She developed an interest in environmental laws during the penultimate year of her law school and has since worked in the area of animal welfare. She has a keen interest in contributing to the field of sustainable development through the tool of law and her areas of interest include laws relating to Environment Protection, Oceans and Coasts and Wildlife.
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Ms. Pooja Chatterjee (Proponent): She has over 14 years of experience in energy, natural resources, infrastructure and technology sectors, Pooja’s skill set covers mergers and acquisitions, private equity, venture capital, project finance, strategic investments, joint ventures, and regulatory advisory work. She regularly advises on energy, sustainability and mobility projects across various geographies in India. Her clients include large domestic companies, multinational corporations, private equity firms, funds, start-ups and early stage emerging companies. She works closely with clients, who value her business awareness, responsiveness, attention to detail, communication skills, and analytical ability.
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Mr. Surya Kapoor (Opponent): He is currently working as an Independent Arbitration Practioner. Previously he has worked as a Principal Associate at P&A Law offices. Bilateral Investment Treaty (BIT) arbitration team. He was an Associate, at the Chambers of Mr. Jayant K. Mehta, Sr. Advocate, Delhi. Having worked on several domestic arbitrations with a Delhi based law firm for a year and clerked with a Supreme Court judge for two years thereafter, Surya decided to pursue his LLM at Georgetown University Law Center in International Arbitration. He has also served as a Judicial Fellow with Judge Charles N. Brower (arbitrator) during his Optional Practical Training (OPT) period.
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Mr. Shivam Dwivedi (Opponent): He is currently working as a counsel at P&A Law Offices. Previously, as a Legal Consultant (International Investment Treaties and Framework) at Department Of Economic Affairs, Government Of India he handled Investment Arbitration (ISDS) Disputes Brought against the Republic of India, Negotiations of Bilateral Investment Treaties and Investment Chapters of Free Trade Agreements on behalf of Republic of India, UNCITRAL WG III on ISDS Reforms, Policy issued on Investment law, Issues at WTO, G20 etc relating to Investments and International law advisory on Investment law. He has also served as a Legal Consultant (Legal and Treaties Division) at Ministry of External Affairs, India.
