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Author: Hakan Sahin
Publisher: Routledge
ISBN: 0429584792
Category : Law
Languages : en
Pages : 196
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Book Description
The energy industry is a key source of growth stimulation for developing states. Understandably, developing states are eager to enter into petroleum investment contracts with international investors, with the expectation that this will benefit their countries. The domestic law of some developing states provides a welcoming investment environment in the form of guarantees and stability, while other states provide these opportunities by agreeing to investment contracts or treaties drafted by international organisations established to facilitate such agreements. This book identifies the political risks, particularly of indirect expropriation, that arise from the unilateral actions of host governments during the lifespan of energy investment projects. Focusing on stabilisation clauses as a political risk management tool, this research-based study draws on comparative empirical evidence from Turkey and Azerbaijan to determine what influences host states to consent to the insertion of stabilisation clauses in long-term host government agreements. Proposing a framework for the role to be played by both internal forces and external forces, it examines political regimes and state guarantees to foreign investors in Azerbaijan and Turkey from a comparative perspective, assessing how effective internal factors in Azerbaijan and Turkey are in facilitating contractual stability in their energy investment projects. Providing a comprehensive analysis of stabilisation clauses and the internal and external factors that compel host states to commit to them, this book will appeal to practitioners, students and scholars in international investment law and energy law.
Author: Hakan Sahin
Publisher: Routledge
ISBN: 0429584792
Category : Law
Languages : en
Pages : 196
Get Book Here
Book Description
The energy industry is a key source of growth stimulation for developing states. Understandably, developing states are eager to enter into petroleum investment contracts with international investors, with the expectation that this will benefit their countries. The domestic law of some developing states provides a welcoming investment environment in the form of guarantees and stability, while other states provide these opportunities by agreeing to investment contracts or treaties drafted by international organisations established to facilitate such agreements. This book identifies the political risks, particularly of indirect expropriation, that arise from the unilateral actions of host governments during the lifespan of energy investment projects. Focusing on stabilisation clauses as a political risk management tool, this research-based study draws on comparative empirical evidence from Turkey and Azerbaijan to determine what influences host states to consent to the insertion of stabilisation clauses in long-term host government agreements. Proposing a framework for the role to be played by both internal forces and external forces, it examines political regimes and state guarantees to foreign investors in Azerbaijan and Turkey from a comparative perspective, assessing how effective internal factors in Azerbaijan and Turkey are in facilitating contractual stability in their energy investment projects. Providing a comprehensive analysis of stabilisation clauses and the internal and external factors that compel host states to commit to them, this book will appeal to practitioners, students and scholars in international investment law and energy law.
Author: Mohammad Naseem
Publisher: Kluwer Law International B.V.
ISBN: 9403533145
Category : Law
Languages : en
Pages : 284
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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to legislation and legal practice concerning energy resources and production in International Energy Law. The book describes the administrative organization, regulatory framework, and relevant case law pertaining to the development, application, and use of such forms of energy as electricity, gas, petroleum, and coal, with attention as needed to the pervasive legal effects of competition law, environmental law, and tax law. A general introduction covers the geography of energy resources, sources and basic principles of energy law, and the relevant governmental institutions. Then follows a detailed description of specific legislation and regulation affecting such factors as documentation, undertakings, facilities, storage, pricing, procurement and sales, transportation, transmission, distribution, and supply of each form of energy. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are explained. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for energy sector policymakers and energy firm counsel handling cases affecting International Energy Law. It will also be welcomed by researchers and academics for its contribution to the study of a complex field that today stands at the foreground of comparative law.
Author: Eduardo G Pereira
Publisher: Taylor & Francis
ISBN: 1040027288
Category : Law
Languages : en
Pages : 273
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Book Description
The UN Sustainable Development Goals are an ambitious agenda for environmental sustainability, economic development, and social transformation. The SDGs include targets for governments, in partnership with private industry and communities, to improve access to affordable and reliable energy, reduce inequality, protect natural resources, and invest in transparent legal institutions and resilient infrastructure. Although transitioning energy systems towards a low-carbon future is a core aspect of the SDGs, the International Energy Agency anticipates that oil and gas will remain a significant component of the global energy mix for some time. Host Government Instruments are tools which governments use to grant oil and gas companies permission to develop state-owned resources. In addition to bringing substantial resources into governments, these HGIs often also include environmental commitments as well as commitments to local hiring, stakeholder engagement, and investment in economic development programmes. The different structures of HGIs and their precise terms and conditions are crucial determinants of the sustainability of oil and gas operations conducted thereunder. This book addresses how governments can use HGIs to advance the SDGs. Part I introduces the SDGs and the legal institutions and governance related to HGIs, including in relation to international energy development, international environmental treaties, the Paris Agreement, and human rights regimes. Part II examines specific provisions within HGIs and regulatory systems which relate to the oil and gas sector and SDGs. It provides case studies to illustrate approaches to HGIs and to identify opportunities for host governments and international oil and gas companies to advance the SDGs. The book concludes with a summary of recommendations regarding how host governments, in partnership with the oil and gas industry, can use HGIs to advance economic development and sustainability goals, and advances potential insights towards development of new and renewable resources.
Author: Mustafa Erkan
Publisher: Kluwer Law International B.V.
ISBN: 9041137572
Category : Law
Languages : en
Pages : 440
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Book Description
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.
Author: Mohammad Naseem
Publisher: Kluwer Law International B.V.
ISBN: 904118936X
Category : Law
Languages : en
Pages : 163
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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to legislation and legal practice concerning energy resources and production in India. The book describes the administrative organization, regulatory framework, and relevant case law pertaining to the development, application, and use of such forms of energy as electricity, gas, petroleum, and coal, with attention as needed to the pervasive legal effects of competition law, environmental law, and tax law. A general introduction covers the geography of energy resources, sources and basic principles of energy law, and the relevant governmental institutions. Then follows a detailed description of specific legislation and regulation affecting such factors as documentation, undertakings, facilities, storage, pricing, procurement and sales, transportation, transmission, distribution, and supply of each form of energy. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are explained. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for energy sector policymakers and energy firm counsel handling cases affecting India. It will also be welcomed by researchers and academics for its contribution to the study of a complex field that today stands at the foreground of comparative law.
Author: Herbert Abigaba
Publisher: GRIN Verlag
ISBN: 3656835144
Category : Science
Languages : en
Pages : 19
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Book Description
Research Paper (postgraduate) from the year 2014 in the subject Energy Sciences, grade: 90%, University College London (School of Energy and Natural Resources Management), course: Law and Policy of Energy and Natural Resources, language: English, abstract: This paper discusses the internationalization of the petroleum industry as witnessed within Uganda’s petroleum legal and regulatory framework, drawing heavily on the Host Government Contracts (HGC). The country is selected for a number of reasons. First, the framework relates strongly with the other countries across East Africa, a region that is profoundly becoming a new petroleum frontier.1 Second, Uganda’s commercial oil discoveries realized in early 2006 have since increased to become the largest on-shore oil reserves in the Sub-Sahara Africa (SSA) over the last 20 years.2 Third, this ‘black gold’ potential has seen strong foreign interest, especially over the last ten years with country now pitted to become a top-50 oil producer in the mid-term if the development plan is achieved.3 As a result, the country has witnessed legal, regulatory and policy reforms; strongly over the last ten years, aimed at improved management of the nascent industry as shall be discussed. The paper is structured as follows. In the first section, a chronological development of country’s petroleum legal, regulatory and policy framework is discussed. Section two explains the HGC that has been employed in Uganda to manage its hydrocarbon resources. In the third section, internationalization of the industry as reflected in Uganda’s framework is considered. Although the focus is on host government contracting, the interdependence with the public law framework that governs it is appreciated. For this reason, the discussion permeates beyond the HGCs to include this framework. While it is adduced that internationalization within Uganda’s legal system is apparent and still progressing, the paper suggests that developing countries face some specific challenges. In the last section, these challenges are assessed along with recommendations to remediate them, and entrench this narrative.
Author: Crina Baltag
Publisher: Kluwer Law International B.V.
ISBN: 9041141901
Category : Law
Languages : en
Pages : 331
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Book Description
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.
Author: Kirsten Bindemann
Publisher:
ISBN: 9781901795158
Category : Oil and gas leases
Languages : en
Pages : 93
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Book Description
Author: Rafael Leal-Arcas
Publisher: Edward Elgar Publishing
ISBN: 9781035316274
Category :
Languages : en
Pages : 0
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Book Description
This thoroughly revised edition of the Commentary on the Energy Charter Treaty presents a comprehensive overview of the latest trends surrounding this important international agreement. Providing a unique, article-by-article, textual analysis, updated chapters cover the full breadth of topics and developments of the Energy Charter Treaty (ECT), situated in the broader context of international economic law and governance. This edition also offers detailed coverage of the modernization process of the ECT, and carefully analyses important criticisms of the instrument. The ECT outlines a multilateral framework for cross-border cooperation in the energy sector based on the principles of open competitive markets and sustainable development. Expert contributors provide commentary and analysis on the five primary areas of the ECT: investment promotion and protection, trade, transit, environmental protection, and dispute settlement. The optional protocols are also addressed, including issues such as energy efficiency and the environment. Key Features: Comprehensive, article-by-article analysis of the ECT Contributions by 25 leading academics and practitioners in the field Updated coverage of the recent modernization process of the ECT Thorough examination of key trends and important criticisms of the ECT Refreshed and revised, this new edition will be an indispensable reference point for academics, students, lawyers, economists, and policymakers working in energy law and policy.
Author: Lorenzo Cotula
Publisher: IIED
ISBN: 1843697653
Category : Conservation of natural resources
Languages : en
Pages : 115
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Book Description
