Stability And Legitimate Expectations In International Energy Investments

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Stability and Legitimate Expectations in International Energy Investments

Author : rahmi Kopar
Publisher :
ISBN 13 : 9781509938414
Total Pages : 208 pages
Book Rating : 4.9/5 (384 download)

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Book Synopsis Stability and Legitimate Expectations in International Energy Investments by : rahmi Kopar

Download or read book Stability and Legitimate Expectations in International Energy Investments written by rahmi Kopar and published by . This book was released on 2021 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book assesses stability guarantees through the lens of the legitimate expectations principle to offer a new perspective on the stability concept in international energy investments. The analysis of the interaction between the concepts of stability and legitimate expectations reveals that there are now more opportunities for energy investors to argue their cases before arbitral tribunals. The book offers detailed analyses of the latest energy investment arbitral awards from Spain, Italy and the Czech Republic, and reflects on the state of the art of the legitimate expectations debate and its relationship with the stability concept. The author argues that, in order to achieve stability, the legitimate expectations principle should be employed as the main investment protection tool when a dispute arises on account of unilateral host state alterations. This timely work will be useful to both scholars and practitioners who are interested in international energy law, investment treaty arbitration, and international investment law."--

Stability and Legitimate Expectations in International Energy Investments

Author : Rahmi Kopar
Publisher : Bloomsbury Publishing
ISBN 13 : 1509938397
Total Pages : 304 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Stability and Legitimate Expectations in International Energy Investments by : Rahmi Kopar

Download or read book Stability and Legitimate Expectations in International Energy Investments written by Rahmi Kopar and published by Bloomsbury Publishing. This book was released on 2021-08-12 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses stability guarantees through the lens of the legitimate expectations principle to offer a new perspective on the stability concept in international energy investments. The analysis of the interaction between the concepts of stability and legitimate expectations reveals that there are now more opportunities for energy investors to argue their cases before arbitral tribunals. The book offers detailed analyses of the latest energy investment arbitral awards from Spain, Italy and the Czech Republic, and reflects on the state of the art of the legitimate expectations debate and its relationship with the stability concept. The author argues that, in order to achieve stability, the legitimate expectations principle should be employed as the main investment protection tool when a dispute arises on account of unilateral host state alterations. This timely work will be useful to both scholars and practitioners who are interested in international energy law, investment treaty arbitration, and international investment law.

International Energy Investment Law

Author : Peter D. Cameron
Publisher : OUP Oxford
ISBN 13 :
Total Pages : 568 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis International Energy Investment Law by : Peter D. Cameron

Download or read book International Energy Investment Law written by Peter D. Cameron and published by OUP Oxford. This book was released on 2010 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Readership: Primary: Legal practitioners, arbitrators and academics with an interest in energy law and dispute resolution Secondary: In-house legal departments at energy companies NGO's and government lawyers

International Energy Investment Law

Author : Mustafa Erkan
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041137572
Total Pages : 440 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Energy Investment Law by : Mustafa Erkan

Download or read book International Energy Investment Law written by Mustafa Erkan and published by Kluwer Law International B.V.. This book was released on 2010-12-22 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary legal practice has developed powerful contractual mechanisms to mitigate the political risks attendant on energy projects. However, until now most of what we know about the contractual management of these risks has been based on theoretical literature and the facts of cases rather than careful empirical study. This one-of-a-kind book breaks new ground. The author 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. Going far beyond an analysis of the literature, the research includes in-depth interviews with specialist lawyers and representatives of companies who have not only a theoretical knowledge but practical experience with the problems of host government interventions, as well as with international petroleum negotiators, members of international organizations in the petroleum business, and dispute settlement bodies.

Protection of Legitimate Expectations in Investment Treaty Arbitration

Author : Teerawat Wongkaew
Publisher : Cambridge University Press
ISBN 13 : 1108474284
Total Pages : 309 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Protection of Legitimate Expectations in Investment Treaty Arbitration by : Teerawat Wongkaew

Download or read book Protection of Legitimate Expectations in Investment Treaty Arbitration written by Teerawat Wongkaew and published by Cambridge University Press. This book was released on 2019-02-14 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the philosophical foundation of legitimate expectations to create a normative framework for use in investment treaty arbitration

Legitimate Expectations and Fair-and-Equitable-Treatment Under the Energy Charter Treaty

Author : Niclas Landmann
Publisher :
ISBN 13 : 9783748930259
Total Pages : 0 pages
Book Rating : 4.9/5 (32 download)

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Book Synopsis Legitimate Expectations and Fair-and-Equitable-Treatment Under the Energy Charter Treaty by : Niclas Landmann

Download or read book Legitimate Expectations and Fair-and-Equitable-Treatment Under the Energy Charter Treaty written by Niclas Landmann and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Fair and Equitable Treatment

Author : United Nations Conference on Trade and Development
Publisher :
ISBN 13 : 9789211128277
Total Pages : 0 pages
Book Rating : 4.1/5 (282 download)

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Book Synopsis Fair and Equitable Treatment by : United Nations Conference on Trade and Development

Download or read book Fair and Equitable Treatment written by United Nations Conference on Trade and Development and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In recent years, the concept of fair and equitable treatment has assumed prominence in investment relations between States. While the earliest proposals that made reference to this standard of treatment for investment are contained in various multilateral efforts in the period immediately following World War II, the bulk of the State practice incorporating the standard is to be found in bilateral investment treaties which have become a central feature in international investment relations. In essence, the fair and equitable standard provides a yardstick by which relations between foreign direct investors and Governments of capital-importing countries may be assessed. It also acts as a signal from capital-importing countries, for it indicates, at the very least, a State's willingness to accommodate foreign capital on terms that take into account the interests of the investor in fairness and equity."--Provided by publisher.

International Energy Investment Law

Author : Peter D. Cameron
Publisher : Oxford University Press
ISBN 13 : 0198732473
Total Pages : 865 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis International Energy Investment Law by : Peter D. Cameron

Download or read book International Energy Investment Law written by Peter D. Cameron and published by Oxford University Press. This book was released on 2021-10-14 with total page 865 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Stabilization Clauses in International Investment Law

Author : Jola Gjuzi
Publisher : Springer
ISBN 13 : 3319972324
Total Pages : 545 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis Stabilization Clauses in International Investment Law by : Jola Gjuzi

Download or read book Stabilization Clauses in International Investment Law written by Jola Gjuzi and published by Springer. This book was released on 2018-12-05 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the tension between the host state’s commitment to provide regulatory stability for foreign investors – which is a tool for attracting FDI and generating economic growth – and its evolving non-economic commitments towards its citizens with regard to environmental protection and social welfare. The main thesis is that the ‘stabilization clause/regulatory power antinomy,’ as it appears in many cases, contradicts the content and rationale of sustainable development, a concept that is increasingly prevalent in national and international law and which aims at the integration and balancing of economic, environmental, and social development. To reconcile this antinomy at the decision-making and dispute settlement levels, the book employs a ‘constructive sustainable development approach,’ which is based on the integration and reconciliation imperatives of the concept of sustainable development as well as on the application of principles of law such as non-discrimination, public purpose, due process, proportionality, and more generally, good governance and rule of law. It subsequently re-conceptualizes stabilization clauses in terms of their design (ex-ante) and interpretation (ex-post), yielding stability to the benefit of foreign investors, while also mitigating their negative effects on the host state’s power to regulate.

International Protection of Investments

Author : August Reinisch
Publisher : Cambridge University Press
ISBN 13 : 1108882706
Total Pages : 1633 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis International Protection of Investments by : August Reinisch

Download or read book International Protection of Investments written by August Reinisch and published by Cambridge University Press. This book was released on 2020-07-16 with total page 1633 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.

A Liber Amicorum : Thomas Wälde

Author : Thomas W. Waelde
Publisher :
ISBN 13 :
Total Pages : 344 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis A Liber Amicorum : Thomas Wälde by : Thomas W. Waelde

Download or read book A Liber Amicorum : Thomas Wälde written by Thomas W. Waelde and published by . This book was released on 2009 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Arbitration in the Energy Sector

Author : Maxi Scherer
Publisher : Oxford University Press
ISBN 13 : 0192528319
Total Pages : 400 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis International Arbitration in the Energy Sector by : Maxi Scherer

Download or read book International Arbitration in the Energy Sector written by Maxi Scherer and published by Oxford University Press. This book was released on 2018-02-22 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disputes in the energy and natural resources sector are at the heart of international arbitration. With more arbitrations arising in the international energy sector than in any other sector, it is not surprising that the highest valued awards in the history of arbitration come from energy-related arbitrations. Energy disputes often involve complex and controversial issues relating to security, sovereignty, and public welfare. International Arbitration in the Energy Sector puts international energy disputes into a global context, providing broad coverage of different forms and systems of dispute resolution across both renewable and non-renewable sectors. With contributions from leading practitioners, arbitrators, academics, and industry experts from across the globe, the eighteen chapters in the book enable readers to compare the approaches to, and learnings from, energy arbitrations across various legal systems and geographic regions. After outlining the international energy arbitration legal framework, the text delves into a detailed analysis of the problems which regularly arise in practice. These include, among other things, commercial disputes in Part I (e.g. over the upstream oil sector and long-term gas supply contracts), investor-state disputes in Part II (e.g. under the Energy Charter Treaty), and public international law disputes in Part III (e.g. concerning international boundaries and the distribution of natural resources). Alongside recent developments in the international energy sector, attention is given to climate and sustainable development disputes, which raise important questions about enforcing sustainability objectives on individuals, corporations, and states. Backed by analyses of arbitral awards, national court and international tribunal decisions, treaties, and other international legal instruments, as well as current events and news in the energy industry, this text offers a unique contribution to international energy literature and provides insightful commentary on the prevalent issues in the field. It is essential reading for any practitioner or researcher in the energy and natural resources sector.

Contractual Renegotiations and International Investment Arbitration

Author : Aikaterini Florou
Publisher : BRILL
ISBN 13 : 9004407472
Total Pages : 261 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Contractual Renegotiations and International Investment Arbitration by : Aikaterini Florou

Download or read book Contractual Renegotiations and International Investment Arbitration written by Aikaterini Florou and published by BRILL. This book was released on 2020-03-02 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Contractual Renegotiations and International Investment Arbitration, Aikaterini Florou explores the complex phenomenon of the renegotiation of investor-state contracts. The author reconstructs the relationship between those contracts and the overarching investment treaties using an original interpretative methodology based on transaction cost economics and relational contract theory.

International Trade in Sustainable Electricity

Author : Thomas Cottier
Publisher : Cambridge University Press
ISBN 13 : 110716334X
Total Pages : 509 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis International Trade in Sustainable Electricity by : Thomas Cottier

Download or read book International Trade in Sustainable Electricity written by Thomas Cottier and published by Cambridge University Press. This book was released on 2017-06 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the regulatory challenges posed by the changing landscape of electricity trade to the multilateral trading system.

Investor-State Arbitration

Author : Christopher Dugan
Publisher : Oxford University Press
ISBN 13 : 019979572X
Total Pages : 818 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Investor-State Arbitration by : Christopher Dugan

Download or read book Investor-State Arbitration written by Christopher Dugan and published by Oxford University Press. This book was released on 2011-11-25 with total page 818 pages. Available in PDF, EPUB and Kindle. Book excerpt: I. Introduction II. History and Limitations of the Traditional System for Resolving Investment Disputes III. The Modern System of Investor-State Arbitration IV. Commonly Used Procedural Rules V. Procedural Law Applicable in Investor-State Arbitration VI. National Court Interference: Anti-Arbitration Injunctions VII. The Course of an Investment Arbitration VIII. Consolidation under Relevant Arbitration Rules or Treaties IX. Governing Law in Investment Disputes X. Consent to Arbitral Jurisdiction XI. The Concept of Investment XII. The Nationality of the Investor XIII. Exhaustion of Local Remedies XIV. Election of Forum: National Courts and Contract Arbitrations XV. Discrimination XVI. Expropriation XVII. "Fair and Equitable Treatment" and "Full Protection and Security" XVIII. Umbrella Clauses XIX. Damages, Compensation, and Non-Pecuniary Remedies XX. Annulment and Set Aside XXI. Enforcement of Awards XXII. The Future of International Investment Arbitration Select Bibliography Index Table of Cases Index of Treaties, Conventions, and International Agreements.

International Investment Law

Author : Marc Bungenberg
Publisher : Hart Pub Limited
ISBN 13 : 9781849463638
Total Pages : 2000 pages
Book Rating : 4.4/5 (636 download)

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Book Synopsis International Investment Law by : Marc Bungenberg

Download or read book International Investment Law written by Marc Bungenberg and published by Hart Pub Limited. This book was released on 2014-11-30 with total page 2000 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is a subject of growing importance and complexity. Anyone interested in international investment law will appreciate the comprehensive, thoughtful and detailed exploration of this area which this distinguished group of German scholars have provided.

Principles of International Investment Law

Author : Rudolf Dolzer
Publisher : Oxford University Press
ISBN 13 : 019267241X
Total Pages : 561 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Principles of International Investment Law by : Rudolf Dolzer

Download or read book Principles of International Investment Law written by Rudolf Dolzer and published by Oxford University Press. This book was released on 2022-01-13 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. It traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law, interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of Investor-State arbitration. Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students, scholars, and practitioners alike.