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Foreign investments in the energy sector raise formidable legal questions, often requiring a delicate balance between private and public interests of the various stakeholders. Foreign Investment in the Energy Sector: Balancing Private and Public Interests opens with a discussion of the legal protection of foreign investment in the main segments of the energy sector (namely oil, gas, mining and hydroelectric industry), both in substantive and procedural terms. This second part of the book focuses on the Energy Charter Treaty, by far the most important international legal instrument in the energy sector, and its future after the decision of the Russian Federation not to ratify it. In its third part, the book examines four critical areas that are often negatively concerned by economic activities by multinational in the energy sector, namely compliance with safety and labour standards, protection of the environment, respect of indigenous peoples rights, and protection of public health. Foreign Investment in the Energy Sector: Balancing Private and Public Interests, a comprehensive collection of essays from experts and practitioners, offers an important new resource to the field.
This Review assesses Ukraine’s investment climate vis-à-vis the country’s energy sector reforms and discusses challenges and opportunities in this context. Capitalising on the OECD Policy Framework for Investment and other relevant instruments and guidance, the Review takes a broad approach to investment climate challenges facing Ukraine’s energy sector.
'The Legal Protection of Foreign Investments Against Political Risk' examines how political risks associated with foreign direct investment in the energy sector are managed or mitigated, and suggests new ways to deal with the possibility of such risk. It applies its analysis-using case studies and international law, and examining actual contracts-to the specific context of foreign investment in five Asian countries' power infrastructure projects. "Legal protection of foreign investments against political risk has been a problem for a long time. Professor Papanastasiou's book brilliantly balances the legitimate regulatory power of host states with legitimate business interests of foreign investors by presenting a neatly designed multi-layered legal framework for political risk management. This is an important contribution to both the study of international investment law and the practice of foreign investment business transactions." - Junji Nakagawa, Professor of International Economic Law, Institute of Social Science, University of Tokyo; Author, International Harmonization of Economic Regulation (Oxford Univ. Press, 2011) "This book is an impressive and important entry into the field of international investment law scholarship. While maintaining a focus on the important Japanese and Asian regions, it also provides a general and up-to-date coverage of relevant international investment law and political risk considerations faced by multinational corporations. It is impressively concise, yet thorough; it is practical, yet takes into account relevant and recent legal scholarship; it is well-written and organized. The ultimate goal is to help foreign investors and their advisors understand the current international investment law framework and climate to enable them to devise strategies to help their clients reduce political risk, and to protect their clients' property rights and investments. This work should be of interest to in-house counsel and international law practitioners, as well as to law students and scholars for its coverage of current international investment law standards, scholarship, and practices." - N. Stephan Kinsella, Attorney, Houston, Texas; Co-author, International Investment, Political Risk, and Dispute Resolution (OUP, 2005) "This study contributes insightfully to the literature on international economics and, in particular, on the laws protecting foreign investment. The book is unique in two ways. First, it analyzes and measures the impact of such multi-tier legal frameworks as FTAs, investment contracts, FDI regulations and insurance by combining legal interpretative tools and scoring techniques. Second, it adds a new narrative on how Japanese business can use law to secure investments from political risks in the energy sector of foreign countries." - Shujiro Urata, Professor of International Economics, Graduate School of Asian Pacific Studies, Waseda University; Co-editor, Economic Consequences of Globalization: Evidence from East Asia (Routledge, 2012)"
In A Multifaceted Approach to Trade Liberalisation and Investment Protection in the Energy Sector, Elena Cima and Makane Moïse Mbengue assess different approaches to bridge the gap between economic and non-economic considerations in the regulation of international energy trade and investment.
This publication provides governments with guidance on the policy options that are available to make the most of private investment opportunities in clean energy infrastructure, drawing on the expertise of climate and investment communities among others.
The Energy Charter Treaty (ECT) is a multilateral treaty in the energy sector, entered into force in April 1998, which gained worldwide recognition mainly because of its provisions on the promotion and protection of investments. The ECT currently has over 45 contracting parties. Its popularity increased significantly in the last few years following the proliferation of disputes submitted to arbitration under Article 26 of the ECT, while investors became more familiarized with the rights granted by the ECT in respect of their investments. At present, more than 20 disputes between investors and contracting parties have been submitted to arbitration. The requirements of ‘investor’ and ‘investment’ are essential for the benefit of the protection offered by the ECT. The book suggests a comprehensive approach to the notion of ‘investor’. It analyzes the notion of ‘investor’ in an inclusive manner, starting with the concept of Contracting Party to the ECT and its implications in respect of the notion of ‘investor’, going through nationality, permanent residency, dual nationality, companies and other legal entities and shareholders, to the notion of ‘investment’ and its role in defining the concept of ‘investor’ under the ECT. The aim of the book is to shed light on the proper meaning of the notion of ‘investor’ under the ECT, considering the close relationship between the ECT and other treaties such as the ICSID Convention and arbitration rules.
Master's Thesis from the year 2016 in the subject Business economics - Investment and Finance, grade: 1.6, TU Dortmund, language: English, abstract: The Middle East countries Iran, Iraq and Saudi Arabia that were analyzed for investment potentials possess natural energy resources in copious amounts, share a high dependency on oil or gas while renewables barely play any role and have strong religious tendencies in politics as well as differences compared to western countries when it comes to aspects of cultural, religion, understanding and business practices. The most promising investments that were stated out are: LNG liquefication facility in Iran, since Iran has large natural gas reserves and production capacities, but doesn’t export gas at all. PV modules for Iraq, since expensive projects are comparably risky in this country and some of the population has no or just limited access to electricity – the demand exceeds the supply. For Saudi Arabia, larger scale solar power plant projects like Parabolic Troughs are most promising, since Saudi Arabia is very dependent on oil and has a very high carbon dioxide emission and a weak energy diversity. Especially the liquefication facility in Iran seems to have enormous potential on the long run. The implementation of PV in Iraq is highly dependent on the business model and governmental support. Such support is also needed for the solar power plant in Saudi Arabia, since the electricity prices are subsidized in a way, that the electricity generated through a Parabolic Trough would most likely be not competitive without any form of support. However, such support is likely, since the project is very beneficial for Saudia Arabia and huge investments in the energy sector are planned anyways. For the further realization of such projects its mandatory to make a sophisticated economically and feasibility analysis that considers all the relevant variables and more specific information and data. But especially renewable energies which are massively underrepresented in the Middle East seem to have a good potential which will probably increase further since more experience and better technologies are achieved. The Middle East is a region with large natural resources and therefore with a theoretically enormous amount of investment possibilities. However, big players, state-owned companies, restrictions and difficulties regarding law, culture and business practices can overall decrease the attractivity of investments in this area.
This book will discuss the legal tools offered by international law that can support foreign direct investment (FDI) in the renewable energy sector in the Global South. Promoting and increasing investment in the renewable energy sector is crucial for limiting global temperature rise to 1.5°C and addressing energy poverty in the Global South. In this volume, Avidan Kent explores the various home-country measures (HCMs) offered by international law that support FDI in the renewable energy sector. This book provides a bird’s eye evaluation of HCMs from fields such as trade law, investment law, environmental law, development law and more. It reveals that while international law indeed offers many legal tools to support investors’ needs, the current legal framework is fragmented; most legal instruments were designed in isolation and the potential for mutually supportive, synergetic policies has been explored only to a limited extent. This fragmented reality is in contradiction to the notion of Policy Coherence for Development, which is increasingly gaining support in leading institutions in Europe and elsewhere. This book will provide recommendations on the manner in which HCMs can be connected in order to maximise their potential and boost investment in renewable energies in the developing world. International Law and Renewable Energy Investment in the Global South will be of great interest to scholars, students and practitioners of international law, energy studies, development studies and IR more broadly.