The issue of greater utilization of renewables in energy supply-mix has become a priority environmental agenda in many countries. Feed-in incentives, quota schemes, public tenders and net metering are common support programmes that are designed to encourage the production and consumption of electricity generated from renewable energy sources. Promotion policies of this kind have provoked a number of international disputes at both global and regional levels. This article examines disputes brought to the World Trade Organization (WTO), the Court of Justice of the European Union (“Court of Justice”) and investor-state tribunals, and explores some intersectional implications and comparisons for the government measures in question. While implementation of “green” electricity support schemes in compliance with the respective legal regimes will definitely minimize international frictions, intensification of cross-border exchanges of renewable electricity represents an additional tool that could be used for that purpose.

In recent years African countries have taken great strides in their response to the demand for reliable contractual and institutional forms of doing business and for high-quality dispute resolution mechanisms. Modern international arbitration has taken root, with certain countries actively embracing modern harmonized arbitral practice, and others in the process of change and development. This unprecedented volume assembles for the first time a country-by-country analysis – both practical and insightful – of how arbitration is conducted in 46 African countries, providing essential information about legislative provisions, treaty adherence, and arbitral procedure. Contributors include current and former judges, distinguished practitioners, academics, and institution-builders, all of whom are active in promoting the use of arbitration as a viable means of dispute resolution in Africa. Five sections representing the main regions of the continent, each with a substantive introductory chapter covering the major trends within that region, offer country overviews addressing issues such as the following: ; adherence to the key arbitration conventions; the modernity of a State’s arbitration legislation and its compatibility with the UNCITRAL Model Law; particular features of arbitral practice in that jurisdiction; access to and (where available) statistics from local and regional arbitral institutions; significant arbitration-related national case law; and enforcement of foreign arbitral awards. A sixth section focuses on Africa-based investor-State arbitration, providing an empirical analysis of the experience and record of African States with investment treaties and investor-State arbitration. Useful tables of intra-African bilateral investment treaties, a list of ICSID proceedings involving African States, and other tabular features round out the volume. The book will be welcomed by arbitration practitioners and legal academics everywhere as the essential guiding light in what is rapidly becoming a crucially important area of international arbitration practice.

øSelected legal deficiencies relating to international energy governance are identified in this salient book. The currently fragmented and multi-layered international energy governance regime is exposed and reviewed. If governanceø were streamlined for

Disputes in the energy and natural resources sector are at the heart of international arbitration. With more arbitrations arising in the international energy sector than in any other sector, it is not surprising that the highest valued awards in the history of arbitration come from energy-related arbitrations. Energy disputes often involve complex and controversial issues relating to security, sovereignty, and public welfare. International Arbitration in the Energy Sector puts international energy disputes into a global context, providing broad coverage of different forms and systems of dispute resolution across both renewable and non-renewable sectors. With contributions from leading arbitrators, academics, and industry experts from across the globe, the twenty chapters in the book enable readers to compare the approaches to, and learnings from, energy arbitrations across various legal systems and geographic regions. After outlining the international energy arbitration legal framework in Part I, the text delves into a detailed analysis of the problems which regularly arise in practice. These include, among other things, commercial disputes in Part II (e.g. over the upstream oil sector and long-term gas supply contracts), investor-state disputes in Part III (e.g. under the Energy Charter Treaty), and public international law disputes in Part IV (e.g. concerning international boundaries and the distribution of natural resources). Alongside recent developments in the international energy sector, attention is given to climate and sustainable development disputes, which raise important questions about enforcing sustainability objectives on individuals, corporations, and states. Backed by analyses of arbitral awards, national court and international tribunal decisions, treaties, and other international legal instruments, as well as current events and news in the energy industry, this text offers a unique contribution to international energy literature and provides insightful commentary on the prevalent issues in the field. It is essential reading for any practitioner or researcher in the energy and natural resources sector.

The widely accepted need to reduce the world's dependence on fossil fuels and move instead to low-carbon, renewable alternatives faces a host of challenges. Whilst the greatest challenges remain in engineering, political and public policy issues continue to play a very important role. This volume, which consists of contributions from leading figures in the field, presents the case for a Sustainable Energy Trade Agreement (SETA). It shows that by addressing barriers to trade in goods and services relevant for the supply of clean energy, such an agreement would foster the crucial scaling-up of clean energy supply and promote a shift away from fossil fuels. In doing so it illustrates how the agreement would help to address a number of overarching sustainable development priorities, including the urgent threat of climate change, enhanced energy access and improved energy security. The book will appeal to academics and policymakers working on the interface of trade and energy policy.

The global energy economy is undergoing a profound transformation, yielding several pivotal objectives. Foremost among these is mitigating greenhouse gas emissions and toxic pollutants. Another essential goal involves promoting more sustainable economies, thereby curbing material consumption and reducing our reliance on resource extraction. Further priorities include fostering energy security and economic resilience by reducing dependence on external energy sources. All these aims overlap in one common policy: accelerating the renewable energy capacity deployment. Complementing this paradigm shift is the complete electrification of economic activities and households, resulting in the need to incentivize green electricity generation. In this context, this book undertakes a comprehensive exploration of the regulatory framework underpinning the advancement of green electricity. After reviewing the political and economic dimensions, it offers an exhaustive analysis of ongoing developments in four legal domains: The WTO, EU, Germany, and Turkey. Furthermore, the book presents a legal analysis of the intricate interplay between the WTO and EU law coupled with the German and Turkish models. It focuses on the most topical and relevant issues, including the effect of the ongoing energy crisis on state aid for green electricity in the EU; WTO case law on local content requirement components of the promotion schemes; the intricate legal, economic, and political challenges that accompany Germany’s Energiewende and its phasing out of coal and nuclear energy; and Turkey’s regulatory endeavors to bolster its energy self-sufficiency strategy. Following a thorough examination encompassing theoretical, regulatory, and comparative aspects, the book moves beyond the applicable legal framework to make concrete proposals on the future design of green electricity promotion in Germany and Turkey so as to facilitate a rapid but socially equitable energy transition by incentivizing economic efficiency.

Investor-State disputes are increasing and damage awards are often significant. It is thus no surprise that the investor-State dispute settlement (ISDS) system has come under scrutiny. Perceptions have arisen that ISDS is inconsistent, lacks transparency, and is simply unfair. This book delves into the ongoing worldwide debate and discussions regarding the ISDS system. Drawing contributors from around the world, the authors provide insights on critical topics and address the key question facing the ISDS system and the international community it serves: Should the present ISDS system be reformed, replaced, or simply remain as is? The contributors represent points of view ranging from academia to practice to governmental entities, addressing such topics as: the possible consequences of wholesale replacement or elimination of the current ISDS system; mediation as an alternative to resolve ISDS disputes; the creation of a multinational investment court or appellate review mechanism; lack of an early dismissal mechanism to eliminate meritless claims; issues regarding arbitrators, including their appointment and ethical obligations; how investors may retain their right to pursue claims for violations of investment protection following termination of an agreement; a State’s right to assert a counterclaim against an investor-claimant; the role of ISDS in promoting and protecting renewable energy production; the liability of State-controlled entities; the effects and implications of third-party funding; the duty to mitigate damages in the light of excessive damages awards; and improvements and issues relating to post-award enforcement, duration, and cost of ISDS. This book considers the ongoing deliberations and reform measures proposed by UNCITRAL’s Working Group III and provides insights into how several geographic regions and economic cooperation areas have sought to address the question of reform of the ISDS system, including the European Union, the Middle East, and the new United States-Mexico-Canada Agreement. With its much-needed and deeply informed balancing of investor and State rights and duties, this book will be welcomed by all who practise in the ISDS field, including arbitrators, State governments and non-governmental organizations, regional economic organizations, and international investors.

In recent years several disputes relating to renewable energy (RE) were, and are, being resolved by international trade and investment tribunals, in accordance with trade and investment laws. However, disputes related to RE are highly related also to Environmental Law and Policy. One way in which this fragmentation can be resolved is through the use of an integrated process; one that enables, and even encourages, the flow of ideas, specialised knowledge and perspectives from one policy-area (e.g. environment) into another (e.g. economy). In this paper, the author will contend that through the “greening” of the economic dispute settlement processes and their enrichment with environmental perspectives and specialised knowledge, a better balance between economic and environmental policy-objectives will be achieved in the resolution of RE-related disputes.

This incisive book examines the interaction between international climate law and international trade law for the promotion of renewable energy. Alessandro Monti utilises the emerging principle of mutual supportiveness to inform and guide his analysis of the specific interactions between climate and trade law in the renewable energy sector.

This incisive book examines the interaction between international climate law and international trade law for the promotion of renewable energy. Alessandro Monti utilizes the emerging principle of mutual supportiveness to inform and guide his analysis of the specific interactions between climate and trade law in the renewable energy sector. The book makes a meaningful contribution to the literature within public international law, engaging with scholarly discourse on the fragmentation of international law and providing an in-depth analysis of the theoretical context against which the principle of mutual supportiveness is emerging. Chapters examine the WTO jurisprudence on renewable energy subsidies, propose specific solutions to improve the alignment between climate and trade law, and build a case for the development of climate-friendly trade policies. Taking account of the multifaceted interactions between international climate and trade law, Monti highlights the implications of trade disputes on renewable energy and the promotion of climate objectives. Addressing the specialized legal regimes of both climate and trade law, Promoting Renewable Energy will prove a valuable resource to students and scholars of environmental, trade, and energy law. International policy officers, legal practitioners and NGOs working on climate, trade and energy policies will also benefit from its examination of relevant legal frameworks.