International Investment Law and the Energy Transition

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Edited by: Rahmi Kopar, Volker Roeben

Published: Feb 20, 2025
Format:    Hardback
Edition    1st
Extent:    224
ISBN:  9781509983223
Imprint: Hart Publishing
Dimensions:  9 x 6 inches
Series: Global Energy Law and Policy
Publisher: Bloomsbury Publishing

Description:

The global energy sector is in flux, transitioning from reliance on fossil fuels to clean energy sources at an unprecedented pace. This book explores the complex interplay between this transition and international investment law.

The book navigates the tension between attracting crucial and expensive investments in clean energy and protecting a state's right to regulate its energy sector for environmental and other reasons. It analyses how international treaties and investment arbitration tribunals are evolving to address these challenges, examining how the scope of investment protection is being redefined and the delicate balance between stability and regulatory flexibility is being recalibrated. The book delves into this complex landscape, exploring how established legal frameworks, especially international investment law, grapple with the unique characteristics of renewable energy, critical minerals, and rapidly evolving technologies.

While offering a roadmap for the current energy transition, the book also identifies unanswered questions. It paves the way for further discussion on critical mineral supply chains and the future of international investment law in a transformed energy landscap

Subjects:

International Investment Law, Energy and Natural Resources Law

Table of Contents

Introduction, Rahmi Kopar (Ankara Yildirim Beyazit University, Turkey) and Volker Roeben (Durham University, UK)

Part 1: Change Through Treaty
1. The Right to Regulate and the Energy Charter Treaty: A Developing Narrative, Crina Baltag (Stockholm University, Sweden)
2. Old Wine in New Bottles: An Environmental Account of the Modernisation of the Energy Charter Treaty, Elena Cima (University of Geneva, Switzerland)
3. The Energy Charter Treaty 2.0: Promoting and Protecting Energy Investments in an Era of Sustainable Development, Ylli Dautaj (Penn State Law, USA)
4. The Investment Protection Status of Fossil Fuel-Related Investments in the Energy Charter Regime, Martin Jarrett (Max Planck Institute for Comparative Public Law and International Law, Germany)

Part 2: Change Through Investor-State Dispute Settlement
5. Turkey's Energy Charter Treaty Investment Arbitration Map: An Analysis of Arbitral Tribunal Positions on Unmeritorious Applications, Can Eken (Durham University, UK) and Volker Roeben (Durham University, UK)
6. International Dispute Resolution and the Energy Transition, Peter D Cameron (University of Dundee, UK)
7. Future Developments in Investor-State Disputes in the Renewable Energy Sector: From Fair and Equitable Treatment to the Rise of Protectionism and Sovereign Supply? Penelope Crossley (Sydney Law School, Australia)
8. The Intersection of Human Rights and the Energy Transition: Exploring the Social Dimensions of the Energy Transition and the Potential Impact on Vulnerable Communities, Islambek Rustambekov (Tashkent State University of Law, Uzbekistan)

Conclusion: Navigating the Interplay of International Investment Law and the Global Energy Transition, Rahmi Kopar (Ankara Yildirim Beyazit University, Turkey) and Volker Roeben (Durham University, UK)

LinkedIn Profiles of the Editors:

Rahmi Kopar: https://www.linkedin.com/in/rahmi-kopar-0834a580/

Volker Roeben: https://www.linkedin.com/in/volker-roeben-24444531/

Links to International Organizations Related to the Book's Theme:

International Energy Agency (IEA): https://www.iea.org

International Renewable Energy Agency (IRENA): https://www.irena.org

World Trade Organization (WTO) – Trade and Environment: https://www.wto.org/english/tratop_e/envir_e/envir_e.htm

United Nations Conference on Trade and Development (UNCTAD) – Investment Policy Hub: https://investmentpolicy.unctad.org

Keywords:
energy transition, international investment law, renewable energy, arbitration, energy law, energy charter treaty, sustainability, climate change law, clean energy, investor-state disputes

Target Audience:
Legal Scholars, Energy Policy Experts, Environmental Lawyers, Investment Treaty Lawyers, Arbitrators, International Law Students, Government Policy Advisors, NGO Researchers, Law Firms, Academic Institutions

Genre:
Law, Energy Policy, International Relations, Environmental Studies, Arbitration