Investment Governance between the Energy Charter Treaty and the European Union PDF Download
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Author: Ottavio Quirico
Publisher: BRILL
ISBN: 9004463437
Category : Law
Languages : en
Pages : 179
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Book Description
Against the background of climate change, Ottavio Quirico explores how regulatory conflicts between the Energy Charter Treaty and the law of the European Union should be resolved.
Author: Ottavio Quirico
Publisher: BRILL
ISBN: 9004463437
Category : Law
Languages : en
Pages : 179
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Book Description
Against the background of climate change, Ottavio Quirico explores how regulatory conflicts between the Energy Charter Treaty and the law of the European Union should be resolved.
Author: Graham Coop
Publisher: Juris Publishing, Incorporated
ISBN:
Category : Law
Languages : en
Pages : 408
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Book Description
Author: Michael De Boeck
Publisher: Nijhoff Studies in European Un
ISBN: 9789004501645
Category : Law
Languages : en
Pages : 0
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Book Description
EU Law and International Investment Arbitrationthoroughly examines the compatibility of ISDS provisions in extra-EU BITs and the Energy Charter Treaty with the autonomy of EU law, and is a must read for all magistrates and investment practitioners involved in investment arbitrations in or with the EU, as well as for academics interested in the participation of the EU to international dispute resolution or the constitutional construction of the EU judicial system.
Author: PROF. DR KAJ. HOBER
Publisher: Oxford University Press, USA
ISBN: 9780199660995
Category : Energy Charter Treaty
Languages : en
Pages : 647
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Book Description
A detailed article-by-article commentary on the Energy Charter Treaty, including coverage and analysis of the Treaty's history, background, jurisprudence, and reference to relationships with other treaties.
Author: Clarisse Ribeiro
Publisher: Juris Publishing, Incorporated
ISBN: 9781929446940
Category : Arbitration (International law
Languages : en
Pages : 329
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Book Description
Author: Julia Doré
Publisher: Royal Institute of International Affairs
ISBN:
Category : History
Languages : en
Pages : 124
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Book Description
"The Energy Charter Treaty was launched with great fanfare to lay out the ground rules for massive investment in the energy resources and structures of central and eastern Europe. A general political statement was readily agreed upon, but negotiations on the Basic Agreement took several years before it was finally signed in December 1994. A follow-up treaty and protocols have yet to be negotiated." "This report examines the origins and evolution of the Energy Charter, summarizes the main elements of the Basic Agreement, and assesses the strengths, weaknesses and ultimate significance of the Charter."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Author: Graham Coop
Publisher: Juris Publishing, Inc.
ISBN: 1933833793
Category : Law
Languages : en
Pages : 472
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Book Description
Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty is a compilation of written contributions prepared in the context of a conference organized by the Energy Charter Secretariat, in cooperation with five other well-known legal institutions (the Arbitration Institute of the Stockholm Chamber of Commerce, the British Institute of International and Comparative Law, the International Centre for Settlement of Investment Disputes, the International Chamber of Commerce and the Permanent Court of Arbitration). This highly successful conference took place in Brussels in October 2009. Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty focuses on investment arbitration under the Energy Charter Treaty (or ECT) and on transit dispute resolution under the ECT. Part I consists of a review of awards, decisions and other developments in ECT investment arbitrations, of which nearly 30 were in the public domain as of 1 January 2011. Part II deals with the relationship between bilateral investment treaties, the ECT as a multilateral investment treaty, and European Union (EU) law, and addresses the question of whether conflict between these legal systems is inevitable. In Part III, the book reviews the highly developed provisional application mechanism of the ECT, particularly in relation to Russia, which signed the ECT in 1994 but has never ratified it. Part IV deals with the energy transit provisions of the ECT and the Treaty’s potential application with respect to East-West energy transit and supply disputes. The book also contains an Editor’s Preface, introductory and closing remarks, a table of contents, a detailed index, and an Appendix in the form of a CD-ROM containing the rules of arbitration of the three international arbitration mechanisms provided by the ECT (ICSID, SCC and ad hoc UNCITRAL arbitration). The book is of international application, particularly within the 51-country Energy Charter constituency (Western, Central and Eastern Europe, the former Soviet Union, Japan, Turkey, Mongolia and Australia), but is relevant to energy and international arbitration lawyers worldwide.
Author: Rafael Leal-Arcas
Publisher: Edward Elgar Publishing
ISBN: 1788117492
Category : Energy Charter Treaty
Languages : en
Pages : 574
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Book Description
The Commentary on the Energy Charter Treaty (ECT) provides a unique, article-by-article, textual analysis of this important international agreement. 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.
Author: Jonathan Bonnitcha
Publisher: Oxford University Press
ISBN: 019871954X
Category : Business & Economics
Languages : en
Pages : 354
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Book Description
Investment treaties are some of the most controversial but least understood instruments of global economic governance. Public interest in international investment arbitration is growing and some developed and developing countries are beginning to revisit their investment treaty policies. The Political Economy of the Investment Treaty Regime synthesises and advances the growing literature on this subject by integrating legal, economic, and political perspectives. Based on an analysis of the substantive and procedural rights conferred by investment treaties, it asks four basic questions. What are the costs and benefits of investment treaties for investors, states, and other stakeholders? Why did developed and developing countries sign the treaties? Why should private arbitrators be allowed to review public regulations passed by states? And what is the relationship between the investment treaty regime and the broader regime complex that governs international investment? Through a concise, but comprehensive, analysis, this book fills in some of the many "blind spots" of academics from different disciplines, and is the first port of call for lawyers, investors, policy-makers, and stakeholders trying to make sense of these critical instruments governing investor-state relations.
Author: Alan M. Anderson
Publisher: Kluwer Law International B.V.
ISBN: 9403518103
Category : Law
Languages : en
Pages : 454
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Book Description
Investor-State disputes are increasing and damage awards are often significant. It is thus no surprise that the investor-State dispute settlement (ISDS) system has come under scrutiny. Perceptions have arisen that ISDS is inconsistent, lacks transparency, and is simply unfair. This book delves into the ongoing worldwide debate and discussions regarding the ISDS system. Drawing contributors from around the world, the authors provide insights on critical topics and address the key question facing the ISDS system and the international community it serves: Should the present ISDS system be reformed, replaced, or simply remain as is? The contributors represent points of view ranging from academia to practice to governmental entities, addressing such topics as: the possible consequences of wholesale replacement or elimination of the current ISDS system; mediation as an alternative to resolve ISDS disputes; the creation of a multinational investment court or appellate review mechanism; lack of an early dismissal mechanism to eliminate meritless claims; issues regarding arbitrators, including their appointment and ethical obligations; how investors may retain their right to pursue claims for violations of investment protection following termination of an agreement; a State’s right to assert a counterclaim against an investor-claimant; the role of ISDS in promoting and protecting renewable energy production; the liability of State-controlled entities; the effects and implications of third-party funding; the duty to mitigate damages in the light of excessive damages awards; and improvements and issues relating to post-award enforcement, duration, and cost of ISDS. This book considers the ongoing deliberations and reform measures proposed by UNCITRAL’s Working Group III and provides insights into how several geographic regions and economic cooperation areas have sought to address the question of reform of the ISDS system, including the European Union, the Middle East, and the new United States-Mexico-Canada Agreement. With its much-needed and deeply informed balancing of investor and State rights and duties, this book will be welcomed by all who practise in the ISDS field, including arbitrators, State governments and non-governmental organizations, regional economic organizations, and international investors.
