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International Energy Investment Law

Author : Mustafa Erkan
ISBN : 9789041134110
Genre : Law
File Size : 26.96 MB
Format : PDF
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"Presents the results of a questionnaire-based survey circulated to the main players in the petroleum sector, revealing actual existing contractual risk management techniques and showing a true picture of the political risk situation in the petroleum sector"--P. [4] of cover.
Category: Law

International Energy Investment Law

Author : Director Centre for Energy Petroleum and Mineral Law and Policy and Professor of International Energy Law and Policy Peter Cameron
ISBN : 0198732473
Genre :
File Size : 71.2 MB
Format : PDF, ePub
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The second edition of International Energy Investment Law: The Pursuit of Stability has been revised, updated, and expanded from the successful first edition to broaden coverage of the energy sector. As well as adding coverage of renewable energy, unconventional oil and gas, and issues in gas pricing, the second edition makes current arbitral awards and cases before ICSID and other arbitral tribunals and bodies, and includes a chapter on damages and a new case study on energy in Africa. At a time of unprecedented growth in arbitrations between investors and States over energy resources, the second edition of International Energy Investment Law: The Pursuit of Stability examines and assesses the variety of contract- and treaty-based instruments in commercial and international law that strive to protect the respective interests of investors and States in the international energy industry. It covers most forms of energy, especially oil and gas, and considers issues arising from energy network operation including transit. It pays particular attention to their practical impact through an analysis of their enforcement by arbitration tribunals and bodies, such as the ICSID, the ICC and the LCIA. The book also examines growing challenges presented by environmental and human rights concerns to the stability of long-term agreements. Investors in the international energy industry have long sought to secure guarantees from host States to mitigate the risk of unilateral revision of the deal at a future date. In recent years the traditional method of securing such guarantees has been supplemented by an unprecedented growth of international investment law in the form of BITs, MITs and other treaty-based instruments. Many States have also introduced guarantees into their domestic legislation. This multi-tier regime of stability has fundamentally altered the legal framework for energy investors and host States and offers extensive scope for international arbitration in the event of disputes. It is a system that is currently being tested in a number of high-value commercial disputes as a result of a wave of unilateral State action, most evidently in Latin America, Africa, and East Europe. The protections for investors are being tested as arbitrators develop new notions of legitimate expectations and give content to fair and equitable treatment, while mapping out more precisely the duties which investors have to host States. This book examines critically the interaction contract and treaty forms of stability in the new multi-tier setting, including three highly detailed regional case studies of Latin America, Africa, and East Europe. In its concluding section, it examines damages in energy cases and questions of stability across energy sub-sectors.

Foreign Investment And The Environment In International Law

Author : Jorge E. Viñuales
ISBN : 9781139576734
Genre : Law
File Size : 27.45 MB
Format : PDF, Docs
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Conflicts between foreign investment law and environmental law are becoming increasingly frequent. On the one hand, the rise of environmental regulation poses significant challenges to foreign investors in several industries. On the other, the surge in investment arbitration proceedings is making States aware of the important litigation risks that may result from the adoption of environmental regulation. This study of the relationship between these two areas of law adopts both a policy and a practical perspective. It identifies the major challenges facing States, foreign investors and their legal advisers as a result of the potential friction between investment law and environmental law and provides a detailed analysis of all the major legal issues on the basis of a comprehensive study of the jurisprudence from investment tribunals, human rights courts and bodies, the ICJ, the WTO, the ITLOS, the CJEU and other adjudication mechanisms.
Category: Law

The International Law On Foreign Investment

Author : M. Sornarajah
ISBN : 9781108293617
Genre : Law
File Size : 84.39 MB
Format : PDF, Kindle
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Following the Trans-Pacific Partnership (TPP) and Transatlantic Trade and Investment Partnership (TTIP), the demonstrations against investor-state arbitration and the wide discussion during the 2016 US presidential election, the climate surrounding foreign investment law is one of controversy and change, and with implications for human rights and environmental protection, foreign investment law has gained widespread public attention and visibility. Addressing the pressing need to examine foreign investment law in the context of public international law, the role of the multinational corporation in foreign investment and issues of liability for environmental and other damage, this new edition analyses contractual and treaty-based methods of investment protection and examines the effectiveness of bilateral and regional investment treaties. By offering thought-provoking analysis of the law in historical, political and economic contexts, this fully updated edition of Sornarajah's classic text captures leading trends and charts the possible course of future developments. Suitable for postgraduate and undergraduate students, The International Law on Foreign Investment is essential reading for anyone specialising in the law of foreign investments.
Category: Law


Author :
ISBN : 9789053566053
Genre : Political Science
File Size : 31.14 MB
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All sectors of the Dutch infrastructures have undergone a degree of commercialisation, liberalisation or privatisation over the last ten to twenty years. Where in the past the infrastructure landscape was dominated by public monopolies, the ownership and management of infrastructures is today shared by several public and private sector players. The original goals of this 'regime change' have in many cases been achieved: greater efficiency, a greater focus on the customer and more choice for consumers. The question is whether this emphasis on current consumer interests allows enough scope to achieve long-term objectives which affect the whole of our society: innovation, long-term availability and sustainability of infrastructures. This is of crucial importance for economic and social development, which is coming under increasing pressure due to the combined impact of the exhaustion of natural resources and climate change. The transition to a sustainable future demands substantial investment in infrastructures, which cannot be taken for granted in the present situation. The WRR has investigated how these investments could be safeguarded in the long term, whilst retaining the efficiency of the infrastructures.
Category: Political Science

The Changing Law Of International Claims

Author : F. V. García Amador
ISBN : 0379201917
Genre : Claims
File Size : 27.30 MB
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This set contains an analysis of traditional law and the emerging law of the new international order concerning such topics as protection of aiens and their property rights.
Category: Claims

Energy Law And Sustainable Development

Author : Adrian J. Bradbrook
ISBN : 9782831707266
Genre : Technology & Engineering
File Size : 35.99 MB
Format : PDF, ePub, Mobi
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Energy has recently emerged at the forefront of sustainable development. The United Nations Development Programmefs World Energy Assessment (2000) linked energy and most of the ills of modern society in both developed and developing countries. The World Summit on Sustainable Development selected energy as one of its five major agenda issues, devising a Plan of Implementation emphasising the role of energy in eradicating poverty. That same plan calls for the establishment of policy and regulatory frameworks to promote the development and dissemination of alternative energy technologies. This ground-breaking publication should serve as an invaluable tool to facilitate the understanding of the relationship between energy law and sustainable development.
Category: Technology & Engineering

The Energy Charter Treaty An East West Gateway For Investment And Trade

Author : Thomas Walde
ISBN : 9789041109132
Genre : Law
File Size : 70.46 MB
Format : PDF, Mobi
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The Energy Charter Treaty, initiated by the 1991 European Energy Charter and completed in December 1994, is an innovative major multilateral investment and trade treaty. The book has an introduction by Ruud Lubbers who, as the Dutch Prime Minister, played the key role in initiating the Energy Charter negotiations. It brings together contributions on the energy/investment background, the geopolitical context, the Energy Charter negotiations and the relevant specific topics of the Treaty (focusing on investment and trade, but also environment, competition and transit) by the key specialists on the subject, ranging from countries such as the US (which in the end decided not to join the Treaty) to Russia and Kazakhstan, including energy and investment specialists, international investment and commercial lawyers and arbitrators. The contributors include noted international energy/economic law authorities, but also key participants and observers of the Treaty negotiations. This book is intended to provide the first authoritative analysis of the background, negotiations and content of the Energy Charter Treaty and to provide support and guidance for subsequent negotiations and the difficult challenges involved in interpretation and application of the Treaty. It will be an essential tool for anybody working with the Energy Charter Treaty. The book contains in its annex the major documents of the Treaty: The 1991 European Energy Charter, the 1994 Treaty and its relevant Protocols, Annexes, Understandings and Final Act Declarations.
Category: Law

The European Atomic Energy Community In The European Union Context

Author : Ilina Cenevska
ISBN : 9789004310414
Genre : Law
File Size : 56.51 MB
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Ilina Cenevska’s new book explores the unique nature of the Euratom Community within the overall European Union context, looking at the ways in which the Euratom system corresponds to and interacts with the Union framework.
Category: Law

Global Challenges At The Intersection Of Trade Energy And The Environment

Author : Joost Pauwelyn
ISBN : 1907142045
Genre : Law
File Size : 59.59 MB
Format : PDF, ePub, Docs
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How can we increase economic well-being and expand trade, while promoting the optimal use of the world's energy resources and protecting and preserving our shared environment? The challenge is daunting and complex. This volume of presentations and discussions from a conference on the intersection of trade, energy and the environment addresses the international or cross-border problems that arise at this intersection, the current international regulatory framework and how this framework could be improved. Institutionally, as WTO Director-General Pascal Lamy phrased it, the core questionA is whether we need a new, more comprehensive global governance in energyA and if so, what the form and content of such governance should be and in what institutional settingA and what would be the WTO role in this new energy governance?
Category: Law