Details
- The most comprehensive and up-to-date analysis of stability in long-term energy contracts between investors and States yet undertaken
- An in-depth analysis of the guarantees provided by investment treaty law (BITs, NAFTA and the Energy Charter Treaty) in enhancing contract stability in this vital economic sector (FET, the umbrella clause, legitimate expectations)
- An exhaustive review of all known arbitration cases that concern direct and indirect expropriation in the energy sector in recent years, with particular emphasis on taxation issues and environmental aspects
- Two highly detailed case studies of energy disputes in Latin American and Central/East European regions (including Venezuela, Russia and Kazakhstan)
At a time of unprecedented growth in arbitrations between investors and States over energy resources, International Energy Investment Law: The Pursuit of Stability examines and assesses the variety of contract- and treaty-based instruments in commercial and international law that strive to protect the respective interests of investors and States in the international energy industry. It covers most forms of energy, especially oil and gas, and considers issues arising from energy network operation including transit. It pays particular attention to their practical impact through an analysis of their enforcement by arbitration tribunals and bodies, such as the ICSID, the ICC and the LCIA. The book also examines growing challenges presented by environmental and human rights concerns to the stability of long-term agreements.
Investors in the international energy industry have long sought to secure guarantees from host States to mitigate the risk of unilateral revision of the deal at a future date. In recent years the traditional method of securing such guarantees has been supplemented by an unprecedented growth of international investment law in the form of BITs, MITs and other treaty-based instruments. Many States have also introduced guarantees into their domestic legislation. This multi-tier regime of stability has fundamentally altered the legal framework for energy investors and host States and offers extensive scope for international arbitration in the event of disputes. It is a system that is currently being tested in a number of high-value commercial disputes as a result of a wave of unilateral State action, most evidently in Latin America and East Europe. The protections for investors are being tested as arbitrators develop new notions of legitimate expectations and give content to fair and equitable treatment, while mapping out more precisely the duties which investors have to host States. This book examines critically the interaction between contract and treaty forms of stability in the new multi-tier setting, including two highly detailed regional case studies of Latin America and East Europe. In its concluding section, it looks forward to new challenges arising from climate change, human rights and environmental issues.
Readership: Primary: Legal practitioners, arbitrators and academics with an interest in energy law and dispute resolution Secondary: In-house legal departments at energy companies, NGO's and government lawyers
1: Introduction
2: The Pendulum Swings
3: The Legal Stability Agreement
4: Testing LSAs: Peru and Ecuador
5: Treaty-based Protection in Forced Renegotiations
6: Treaty-based Protection: Bolivia
7: Treaty-based Protection: Ecuador
8: FET & Legitimate Expectations: Argentina
9: The Role of FTAs: NAFTA AND CAFTA
10: Conclusions
Peter Cameron, Professor of International Energy Law and Policy and Director of the Centre for Energy, Petroleum, and Mineral Law and Policy (CEPMLP), University of Dundee (UK)
"Professor Cameron carefully paints on a large canvass. The results will be of high interest to the student and practitioner of international energy law." - Judge Stephen M Schwebel (from the foreword)
"An excellent contribution to the subject of international investment law as part of a growing field of international law. It is certainly worth studying and reading carefully" - Dr Rafael Leal-Arcas, Oil, Gas and Energy Law Intellegence
"The book should be on the practitioners desk...an excellent well written source book" - Nancy Turck, International Energy Law Review
"This is a highly commendable book that should be included in the best oil & gas law and international arbitration libraries" - Tim Martin. Journal of World Energy Law and Business
