International Energy Investment Law: The Pursuit of Stability

Description

At a time of unprecedented growth in arbitrations between investors and States over energy resources, 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 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 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 between contract and treaty forms of stability in the new multi-tier setting, including two highly detailed regional case studies of Latin America and East Europe. In its concluding section, it looks forward to new challenges arising from climate change, human rights and environmental issues.

Get the book

Amazon.com

Search the book

eBay.com

Search the book

Other editions

• 

  International Energy Investment Law: The Pursuit of Stability

  • 2021-10-14
  • 864 pages
  • Paperback
  • Oxford University Press
• 

  International Energy Investment Law: Stability Through Contractual Clauses

  • 2011-01-01
  • 409 pages
  • Paperback
  • Kluwer Law International B.V.
• 

  International Energy Investment Law: Stability through Contractual Clauses

  • 2010-12-22
  • 440 pages
  • Ebook
  • Kluwer Law International B.V.

Similar books

• 

  How to Fight for What's Right: The Citizen's Guide to Public Interest Law

  By John, Alan D. Levy, Richard E. Woods

  J.S. Williams , The Law of Defamation ( Toronto , Butterworths , 1976 ) at p . 53 . 6. Williams , p . 17 . 7. Capitol and Counties Bank v . Henty , 7 App . Cas . 741 ( H.L. ) ( 1882 ) . 8. Wenman v . Ash , 13 CB 836 ( 1853 ) ; 138 ER ...

• 

  The Clean Water Act 20 Years Later

  By Robert W. Adler, Jessica C. Landman, Diane M. Cameron

  Robert W. Adler, Jessica C. Landman, Diane M. Cameron. 32 33 35 37 39 41 42 43 45 47 48 Chesapeake Executive Council, The Chesapeake Bay... A Progress Report 1990–1991 (1991), 5, 12. Tom Horton and William M. Eichbaum, Turning the Tide, ...

• 

  Basic Hazardous Waste Management

  By William Blackman

  Krieger , Gary R. and Ian Austin . 1995. “ International Legal and Legislative Framework . ” Accident Prevention Manual for ... Miller , Jeffrey G. 1985. “ Marine Protection , Research and Sanctuaries Act . ” Environmental Law Handbook ...

• 

  Beyond the European Left: Ideology and Political Action in the Belgian Ecology Parties

  By Herbert Kitschelt, Staf Hellemans

  Drawing on recent research on the internal politics of the Belgian ecology parties, Agalev and Ecolo, this work demonstrates how political careers in contemporary social movements lead to activism in...

• 

  Resource Careers: Options and Opportunities in Environmental and Natural Resources Law

  By Robert Kutler

  Over 20 separate articles offering insights into the nature of the practice, career options, recommended legal courses, what to include on a resume, are presented in this work.

• 

  Native American Natural Resources Law: Cases and Materials

  By Michael C. Blumm, Judith V. Royster

  To access this book's 2010 Update, click here. In addition, to bring the book up-to-date for 2011-12 before the new edition is released, click here. This casebook explores issues relating...

• 

  Environmental Conflict Resolution

  By Christopher Napier

  Environmental Conflict Resolution

• 

  A Documentary Companion to A Civil Action: With Notes, Comments, and Questions

  By Robert G. Vaughn, Lewis A. Grossman

  Adopted at more than 70 law schools after its first year of publication, this supplementary text contains the litigation documents from Anderson v. Cryovac, the toxic tort case portrayed in...

• 

  International Responsibility for Environmental Harm

  By Francesco Francioni, Tullio Scovazzi

  This work addresses international concern about the harm which may result from environmentally hazardous activities. It embraces traditional transboundary harm originating in one country and affecting the territory of another...

• 

  Acting for Endangered Species: The Statutory Ark

  By Shannon Petersen

  When Congress passed the Endangered Species Act in 1973, it did so in the belief that threats to emblematic creatures like bison or commercial crops such as fish could be...