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 landscape.
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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.
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. Turkeys 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)
Rahmi Kopar is Assistant Professor at Ankara Yildirim Beyazit University, Turkey. Volker Roeben is Professor of International Law and Dean at Durham Law School, UK.
