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Investment Arbitration and International Climate Change Law: Revaluing Legitimate Expectations

Investment Arbitration and International Climate Change Law: Revaluing Legitimate Expectations

Author: Thomas Lehmann
Publisher: Kluwer Law International
ISBN: 9789403527994
Published In: April 2025
Format: Paperback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: S$292.83

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Description
Contents

Details

Investment Arbitration and International Climate Change Law is an indispensable book presenting the first in-depth analysis of the nexus of international climate change law (ICCL) with investors’ legitimate expectations, offering practical ways to integrate ICCL in the resolution of energy investment disputes. Climate change policies are triggering an increasing number of investment disputes, even as political concern grows that international investment treaties may impede climate change action.

What’s in this book:

Based on forty-two publicly available arbitral awards and state-of-the-art doctrinal research, the author provides compelling new insights on the following:

energy sector’s predominance in investment disputes
doctrinal debates on fair and equitable treatment
scope of energy investors’ legitimate expectations and ways to bridge divergent views
legal compatibility of ICCL with international investment lax
impact of ICCL on energy investors’ legitimate expectations
Energy Charter Treaty reform and whether it supports net zero objectives, and
investment arbitration as an instrument to enforce climate change commitments

An invaluable annex presents details on a range of energy disputes and awards, including decisions on legitimate expectations, investor due diligence, and climate change.

How this will help you:

This timely work provides directly beneficial information for arbitration practitioners and policymakers on the interplay between investment protection and climate change. The ordered structure of its presentation will prove to be invaluable to energy investors and their counsel, government officials, and scholars.

List of Abbreviations

Preface

Acknowledgments

Introduction

CHAPTER 1 Energy Investment Protection in the NZT

CHAPTER 2 The Substantive Protection of Legitimate Expectations under the Standard of FET

CHAPTER 3 Interpretation and Application of Legitimate Expectations in NZEID under the Energy Charter Treaty

CHAPTER 4 The Factual Integration of ICCL in Legitimate Expectations

CHAPTER 5 Factoring ICCL into Energy Investors’ Legitimate Expectations: ICCL’s Impacts on Legitimate Expectations

CHAPTER 6 Reconciling International Investment Law with ICCL

General Conclusion

ANNEX. Legitimate Expectations in Net Zero Energy Investment Disputes: Selected Quotes