I. THE CENTRAL TENSION: INVESTOR PROTECTION AND STATE
II. ENERGY INVESTMENT LAW AND THE ISSUES
18
III. THE TRIANGULAR LEGAL FRAMEWORK OF INTERNATONAL ENERGY
IV. PSEG GLOBAL INC. V REPUBLIC OF TURKEY: A CASE STUDY OF
REGULATORY CHANGE AND INVESTOR PROTECTION
25
V. SETTING THE CONTEXT FOR ANALYSIS: ENERGY INVESTMENT SCENARIO
29
VI. THE ARGUMENT AND STRUCTURE OF THE BOOK
32
NATIONAL ENERGY REGULATION AND THE
II. THE EVOLVING ROLE OF STATES IN THE ENERGY SECTOR
37
III. DOMESTIC LAW AS THE FIRST LAYER OF THE INVESTMENT
IV. TOWARD A COHERENT NATIONAL LEGAL FRAMEWORK
40
V. REGULATORY RISK AND LIMITS OF STATE COMMITMENTS
42
A. The Problem of Over–Promising
42
B. Transparency, Accountability and Administrative Governance
46
ENERGY INVESTMENT DISPUTES: RECURRING PATTERNS AND
II. METHODOLOGICAL APPROACH AND SCOPE OF THE CASE–LAW REVIEW
53
A. Nationalities of Respondent States and Home States of Claimants
60
B. Main Reasons for Claims
61
C. Applicable Investment Treaties Underpinning the Cases
61
F. Key Measures Foreign Investors Challenged
64
1. Fair and Equitable Treatment
64
2. Direct and Indirect Expropriation
65
a. Defining Indirect Expropriation
66
b. Substantial Deprivation of Value of Investment – “Effects–
c. Termination of Long–Term Agreements
71
BALANCING PUBLIC INTEREST AND INVESTOR PROTECTION
UNDER INTERNATIONAL INVESTMENT AGREEMENTS
II. INTERNATIONAL INVESTMENT TREATIES: STRUCTURE, EVOLUTION,
A. Charanne B.V. & Construction Investments S.A.R.L. v. Spain
80
B. Eiser Infrastructure Ltd and Energia Solar Luxemburg S.A.R.I v Spain
82
1. Outcome of the Cases
84
IV. SIGNIFICANCE FOR THE DRAFTING OF INVESTMENT TREATIES
85
V. KEY PROVISIONS OF INVESTMENT TREATIES IN THE ENERGY SECTOR:
TOWARDS A MORE BALANCED TREATY FRAMEWORK
86
A. Fair and Equitable Treatment
86
1. Drafting the Fair and Equitable Treatment Standard
90
B. Expropriation – “Taking”
95
1. The Evolution of the Expropriation Provisions in Investment
C. Dispute Settlement Provisions – “The Need for a Neutral Process”
103
1. Evolution of ISDS Provisions in Investment Treaties
105
2. Popularity of Arbitration in the Energy Sector
108
3. Drafting Dispute Settlement Provisions in the Energy Investment
109
4. Popularity of the ICSID
110
BALANCING STATE SOVEREIGNTY AND
INVESTOR INTERESTS UNDER ENERGY INVESTMENT CONTRACTS
II. AN OVERVIEW OF ENERGY INVESTMENT CONTRACTS
117
A. The Legal Nature of Energy Contracts
119
III. KEY PROVISIONS OF ENERGY INVESTMENT CONTRACTS
122
A. Stabilization Clauses
122
1. Main Legal Issues with the Stabilization Clauses
124
a. Necessity of Stabilization Clauses – Are They a Sine Qua Non
b. Validity of Stabilization Clauses
126
c. Inconsistency with Domestic Laws
128
2. Drafting Stabilization Clauses
132
B. Dispute Resolution Clauses
132
1. Main Issues with Dispute Settlement Clauses in the Investment
CONCLUSION AND RECOMMENDATIONS
A. Official Documents
151
1. Legislations and Treaties
151
2. Cases and Arbitral Awards
152
II. SECONDARY MATERIALS
157
3. Journals and Law Review Articles, Research/Working Papers,
Seminars/Conference Notes and Newspaper Articles
165
4. Reports / Outlooks
176
5. Online Sources / Internet Websites
178