Description du produit
- Catégories: Droit de l'Energie
- Editeur: OUP - Oxford University Press
- ISBN: 9780198732471
- Date de publication: 14/10/2021
- Reliure : Broché
- Nombre de page : 864
- Langue: Anglais
Résumé
Following the success of International Energy Investment Law: The Pursuit of Stability,
this updated and expanded second edition re-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.
Over
past years an unprecedented growth of international investment law in
the form of BITs, MITs, other treaty-based instruments, and domestic
legislation has fundamentally altered the legal framework and offers
extensive scope for international arbitration in the event of disputes. A
wave of unilateral state action has tested the system in a number of
high-value commercial disputes, most evidently in Latin American,
Eastern Europe, and sub-Saharan Africa; protection for investors is
being tested as arbitrators develop new notions of legitimate
expectation and give content to fair and equitable treatment, while
mapping out more precisely the duties which investors owe to host
states.
This book critically examines the interaction between
contract and treaty forms of stability in the new multi-tier setting,
including highly detailed regional case studies of Latin America,
Eastern Europe, and (new to this edition) Africa. Central to the new
edition is its expanded content on renewable energy, including claims
under the Energy Charter Treaty, and energy-related minerals now playing
a key role in the transition to a low carbon economy; the updated
chapter on environmental issues also addresses decommissioning and low
carbon/climate change issues.
The book also considers emerging
issues in unconventional oil and gas, issues arising from energy network
operation including transit, and damages issues arising in energy
cases. Particular attention is paid to the practical impact of these
issues and the enforcement of awards by arbitration tribunals and bodies
such as the ICSID, the ICC, and the LCIA. In its concluding section,
the book looks forward to new challenges arising from climate change,
human rights, and environmental issues.
Table des matières
Part I
1: Energy Investment Law
2: States, Investors, and Energy Agreements
3: Stability based on Contract
4: The Classic Tests of Contract-based Stability
5: Stability based on Treaty
Part II
6: Meeting Challenges to Investment Stability - across the Energy Spectrum
7: Latin America: Treaty and Contract Stability in the Face of Policy Alignment and Crisis
8: Russia, Ukraine, and Central Asia: Treaty and Contract Stability in the Post-Soviet Space
9: Africa: Treaty and Contract Stability
Part III
10: The Limits to Investment Stability: Environmental, and Human Rights Issues
11: Damages and Enforcement of Awards
12: Guarantees for Long-Term Energy Investments: Expectations and Realities