Stability and Legitimate Expectations in International Energy Investments

Stability and Legitimate Expectations in International Energy Investments

by Peter D. Cameron, Leonie Reins, Crina Baltag, Rahmi Kopar, Volker Roeben

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"This book assesses stability guarantees through the lens of the legitimate expectations principle to offer a new perspective on the stability concept in international energy investments. The analysis of the interaction between the concepts of stability and legitimate expectations reveals that there are now more opportunities for energy investors to argue their cases before arbitral tribunals. The book offers detailed analyses of the latest energy investment arbitral awards from Spain, Italy and the Czech Republic, and reflects on the state of the art of the legitimate expectations debate and its relationship with the stability concept. The author argues that, in order to achieve stability, the legitimate expectations principle should be employed as the main investment protection tool when a dispute arises on account of unilateral host state alterations. This timely work will be useful to both scholars and practitioners who are interested in international energy law, investment treaty arbitration, and international investment law."--

Discussion questions for Stability and Legitimate Expectations in International Energy Investments

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  1. 1

    How do you personally define "stability" in the context of long-term planning, and how does the book's framing of stability in international energy investments challenge or align with your view?

  2. 2

    The authors argue that the legitimate expectations principle should serve as the primary tool for investment protection when host states make unilateral changes; do you think this approach strikes the right balance between private investor rights and a government's sovereign right to regulate in the public interest?

  3. 3

    Reflecting on the case studies involving Spain, Italy, and the Czech Republic, how do you think retrospective changes to renewable energy subsidies impact public trust in governmental commitments?

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