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International Energy Investment Law - The Pursuit of Stability (Hardcover, 2nd Revised edition)
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International Energy Investment Law - The Pursuit of Stability (Hardcover, 2nd Revised edition)
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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.
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