Foreign Investment Law and the UNFCCC/Kyoto Protocol: Barriers to Addressing Climate Change British Institute of International and Comparative Law Annual.

Slides:

Advertisements

Similar presentations

WTO - TBT Committee Ana Maria Vallina, PhD Coordination Among Regulatory Bodies: The Chilean Experience Ana Maria Vallina PhD Head of Foreign Trade Department.

Advertisements

Current Developments in Domestic Climate Mitigation Measures Price-based Instruments and relevant WTO rules Ludivine Tamiotti, Counsellor Trade and Environment.

The role of the WTO in the Climate Change Debate WTO Public Forum 2007 Ludivine Tamiotti WTO, Trade and Environment Division Legal Affairs Officer

Ian Rodgers Chairman, BUSINESSEUROPE State Aid Working Group Director, UK Steel Globalisation, financial crisis, innovation and climate change: challenges.

WTO Compatibility of «Green Border Taxes» Dr. Joëlle de Sépibus World Trade Institute, Bern.

1 What can WTO Law do for Climate Change: Potentials and Limits Thomas Cottier NCCR – Trade Regulation World Trade Institute, Bern.

Munich Intellectual Property Law Center (MIPLC) Intellectual Property and Clean Technology in the context of the European Legal Framework Marisa Aranda.

The EU Emissions Trading System (ETS) Rationale and Lessons learnt Artur Runge-Metzger Head of International Climate Negotiations, European Commission.

International Investment Agreements – Balancing Sustainable Development and Investment Protection 10–11 October 2013, Berlin Treaty Interpretation Katharina.

The Case for Early Action Pew Center Early Action Conference September 13-14, 1999 Dale Landgren Asst. Vice President, Business Planning.

CETA and Financial Services Patrick Leblond CETA Conference Faculty of Law, McGill University October 31, 2014.

Investor Protection and ISDS in TTIP Dr Nicolette Butler (University of Manchester)

Interrelations between Environmental Fiscal Reform and Emissions Trading schemes : Lessons from Hungary* Pendo Maro European Environmental Bureau (EEB)

IISD Second Annual Forum of Developing Country Investment Negotiators: 2-4 Nov 2008 Climate Change and International Investment Agreements Riekie Wandrag.

CDM Investment Opportunities in Israel Presented by: Adi Dishon Project Manager.

Second Annual Forum of Developing Country Investment Negotiators 2-4 November 2008 Marrakech Investor-State Arbitration Khalil Hamdani South Centre Background.

Copyright © 2008 by West Legal Studies in Business A Division of Thomson Learning Chapter 7 The Legal Environment of International Trade Twomey Jennings.

Investment Treaties University of Miami School of Law September 10, 2008 Mark Anderson Counsel — Latin America & the Caribbean Caterpillar Inc.

Trade in Services and Investment John M. Curtis Canada-India Trade Simulation June 20-24, 2011.

Key Issues (and Concerns) of Foreign Investors in the Energy Sector Protection under Investment Treaties Willibald Plesser 9 June 2008, Tirana.

Climate Change Policy: Cost Effective Strategies Dr. Margo Thorning Managing Director, International Council for Capital Formation Brussels Office: Park.

GREEN GROWTH CHALLENGE THE BRAZILIAN ALUMINUM INDUSTRY Marco Antonielli Seyed MohammadReza Fahari Pablo Pero Cristina Rodríguez 2012.

Managing carbon project risks Presented by Adam Shepherd Regional Workshop on Legal, Institutional and Financial aspects of Carbon Finance Istanbul, Turkey.

Energy Strategy and Renewables Cosmin Stăvaru, Partner13 May 2013.

Dr. Ion LUNGU AFEER President. DRIVERS FOR INVESTMENTS Demand; Fuel availability; Market signals; Production costs; Energy mix; Environmental concerns;

INVESTOR-STATE ARBITRATION AND LOCAL COMMUNITY RIGHTS Abba Kolo CEPMLP, University of Dundee.

The Impact of the TTIP on Europe’s Investment Arbitration Architecture Dr. Roland Kläger10. DAJV Fachgruppentag - 21 March 2014.

1 FDI in the Energy Sector: Challenges for IIA negotiators Dr. Joachim KARL Chief, Investment Policy Research Section UNCTAD Workshop on the Role of Intergovernmental.

SUSTAINABLE MARKET SOLUTIONS FOR GLOBAL ENVIRONMENTAL PROBLEMS Vested Interests in the Political Economy SUSTRA Workshop, January 2004 Mike Wriglesworth.

The IISD Model International Agreement on Investment for Sustainable Development: 1 st ANNUAL FORUM OF DEVELOPING COUNTRY INVESTMENT NEGOTIATORS Singapore.

Prasetyadi Utomo Ministry of Environment of Indonesia CD4CDM Workshop Pathumthani, Thailand 19 – 21 October, 2005 Indonesia’s Policy on CDM Implementation.

Second Annual Forum of Developing Country Investment Negotiators 2-4 November 2008 “Linkages Between Investment Treaties and Host Government Agreements”

Introduction to Investment Treaties and Health Benn M c Grady, PhD O’Neill Institute for National and Global Health Law Georgetown University Law Center.

The Community State Aid Action Plan Alena Zemplinerova, CERGE-EI, joint working place Charles University and Academy of Sciences The International Conference.

1 This project is co-financed by the European Union STATUS OF RENEWABLE ENERGY IN THE MEDITERRANEAN AND CURRENT CHALLENGES; MedReg Perspective By Prof.

Investment Arbitration in the Energy Sector Nicolas Angelet Université Libre de Bruxelles (ULB)

Eglin Table Post Establishment Treat’tPre-establishment Treat’t MFN National treatment Transparency Development provisions Balance of payments safeguards.

PUA Annual Conference The Energy Charter Jerusalem 30 November 2015 Ernesto Bonafé Regulatory expert Energy Charter Secretariat.

The Eurasian Electricity Market – Ideas for Intergovernmental Co-Operation/Waern1 -The Eurasian Electricity Market - Ideas for Intergovernmental Co-Operation?

INTERNATIONAL INVESTMENT AGREEMENTS AND INVESTOR-STATE ARBITRATION LECTURE 1. IIAs: types, features and trends Sergey Ripinsky International Investment.

Chapter 7 THE LEGAL ENVIRONMENT OF INTERNATIONAL TRADE.

© 2004 West Legal Studies in Business A Division of Thomson Learning BUSINESS LAW Twomey Jennings 1 st Ed. Twomey & Jennings BUSINESS LAW Chapter 7 The.

P.R.I.M.E. Finance Panel of Recognized International Market Experts in Finance Arbitrating Regulatory Claims: a new role for P.R.I.M.E. Finance Professor.

National Measures, Trade and Competitiveness Post Bali: A Dialogue on Trade, Climate Change and Development Dialogue organized by UNEP February 11, 2008.

Investing in Adaptation: Questions of Equity in Financing Climate Change Adaptation in Developing States IUCN Academy of Environmental Law September 2008.

International Investment Law (10) ZHANG Jiao

Foreign Investment in Agricultural Lands and the Human Right to Water Carmen G. Gonzalez Seattle University School of Law.

Equity and Global Climate Change Developing Countries and the Climate Change Challenge Alistair Maclean, Australian Embassy.

1 - prepared by the Energy Community Secretariat - Combating Climate Change in the Energy Community Dr Dirk Buschle Climate Change Carbon Emission Conference.

Institute for Austrian and International Tax Law Cooperative compliance at the crossroad of different legal frameworks – Cooperative.

SACU-US FTA:Investment Issues Riekie Wandrag October 2006.

PACER Plus: Investment Sixth Non-State Actors (NSA) Dialogue Workshop on PACER Plus Nadi, Fiji July 2016.

UNESCO IHP-HELP Centre for Water Law, Policy & Science Resilient and flexible water regulation versus predictable rules for international investment protection.

Contents Targets and investment needs Defining climate finance

Towards Climate Change Justice: Renewable Investment Arbitration and Beyond Monica Feria-Tinta 21 November 2016.

INTERNATIONAL AND CONTRACTUAL FRAMEWORK FOR SEE CROSS-BORDER PIPELINE PROJECTS Ana Stanič 23 June 2010.

the Protection and Promotion of Investment Bill

Intellectual Property & Investment disputes

Kateryna Holzer World Trade Institute, University of Bern

Centre for Environmental, Resources and Energy Law (CEREL)

Productivity and Economic Growth: The Suriname Case WBG Comments on FDI, clusters, and lessons for Suriname August 30, 2017.

UK Climate Policy.

The European Commission´s approach towards the use of economic instruments in environmental policy Joint CAFE/NEBEI conference “Policy instruments to reduce.

The Brazilian model of Bilateral investment treaties

Essentials of the legal environment today, 5e

EU-RUSSIA Cooperation in Energy Efficiency

Current Developments in Domestic Climate Mitigation Measures

BCDR-AAA/SCC JOINT CONFERENCE

The EU-US Transatlantic Trade and Investment Partnership (TTIP)

Scaling up of Renewable Energy for Power Generation in the Western Balkan countries

Presentation transcript:

Foreign Investment Law and the UNFCCC/Kyoto Protocol: Barriers to Addressing Climate Change British Institute of International and Comparative Law Annual Conference, October 2008 Kate Miles

Investment and Climate Change: Modes of Interaction  Opportunities for investors Markets in renewable energy sector; Flexible mechanisms under Kyoto Protocol; Innovation in eco-efficient technology.  More stringent restrictions on carbon-emitting activities

Regulatory Changes in a Low Carbon Economy  Energy efficiency standards;  Prohibitions on the use of products and activities;  Withdrawal of rights to emit at current levels;  Emission trading schemes;  Requirements to obtain electricity from renewable sources;  New regulation to support Clean Development Mechanism (CDM) projects;  Incentives to invest in renewable energy;  Changes to tax, exemptions and subsidies.

Environmental Regulation as Treaty Violation  Indirect expropriation;  Discriminatory treatment;  Fair and equitable treatment Azurix Tecmed

Investor-State Disputes  Azurix Looked to the Tecmed award for guidance; Tecmed – an expansive interpretation; Tribunals cannot agree on effects/purpose;  Tecmed no principle stating that regulatory administrative actions are per se excluded from the scope of the treaty, even if they are beneficial to society as a whole – such as environmental protection …

Fair and Equitable Treatment  Legitimate expectations of the investor;  Stable legal and business environment;  Tecmed Not affect the basic expectations in entering the investment; Consistency; Free from ambiguity; Transparency; Know all regulations that will govern the investment for the life of the investment.  Endorsed by Azurix.

Climate Change  Claims of discriminatory treatment;  Arcelor and the European Emissions Trading Scheme; Discrimination as between sectors; Political constraints in EU – not applicable in ad hoc system of investor-state arbitration.

Potential for Claims re Climate Change Mitigation Measures  Follow Tecmed and Azurix? Effects of regulation; Expectations of the investor; Stable legal and business environment; Stabilisation clauses; Claims of discrimination; Measures favourable to CDM projects; ‘Like circumstances’  Parkerings Award

Conclusions  Ways forward?  Win-win situation? Carve-outs for public welfare regulation; Re-framing of fair and equitable treatment standard; Ecological impacts in criteria for ‘like circumstances’; Energy from renewables not ‘like’ energy from carbon- intensive sources; Balance competing interests in investor-state arbitration; Host states to signal with transparency and advance notice the regulatory changes to be made in the move to a low carbon economy.