Home >
Law >
Environmental / Energy Law >
International Investment Arbitration and Energy Disputes in the EU: The Present and Future of the Energy Charter Treaty

Coming Soon International Investment Arbitration and Energy Disputes in the EU: The Present and Future of the Energy Charter Treaty

International Investment Arbitration and Energy Disputes in the EU: The Present and Future of the Energy Charter Treaty

Author: Gloria M . Alvarez
Publisher: Hart Publishing
ISBN: 9781509925056
Published In: August 2029
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: AU$208.00

AU$201.76 Save AU$6.24 (3%)

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

This book contributes to a new paradigm shift towards sustaining the Energy Charter Treaty, which remains the key instrument on global energy governance and foreign investment. The book detangles the misunderstandings produced by Achmea and Micula, drawing upon the consequences of international energy investments in the EU. The author demonstrates a clear solution where ECT tribunals respect the autonomy of EU law, while resolving intra-EU energy disputes. She achieves this by presenting for the first time comprehensive scholarly, jurisprudential and empirical findings proving that EU Law operates a functional role in analysing breaches of investment treaty protection. If applied effectively, this new approach can produce valid and enforceable intra-EU arbitration awards. At a time when the ECT is being modernised, the conceptual standpoints presented offer a problem-solving approach to assist the arbitrator, academic, policymaker and legal practitioner in understanding both the present and the future of EU energy investments.

The book focuses on the low-carbon power sector, including electricity, nuclear and renewable energy disputes. The arguments advanced can be transplanted to other economic sectors and regional investment blocks, including CETA, EU-Singapore, EU-Mercosur, EU-Mexico and the EU-Australia Trade Agreements.

Introduction

I. The Argument

II. Why it Matters?

III. Approach, Terminology and Methodology

IV. Scope and Outline

Part I: The Past

Chapter One - Context

I. Historical Development of Energy Investments in Europe

II. The Emergence of EU Energy Law

III. Defining an EU Energy Investment

IV. Tracing the Problem

Part II: The Present