Last modified: 22 May 2019 17:07
The complex interaction between investment protection and the sovereign right of states to regulate has been most acute in the energy sector. On the one hand, investors require strong guarantees that states will respect the “rules of the game” that constitute the basis of their investments. On the other, states can be tempted to interfere with foreign energy investments because of their particular strategic and social importance. This course aims to analyse if existing investment disciplines are adapted to the specific regulatory risks that investors face in the energy landscape of the 21st Century.
| Study Type | Postgraduate | Level | 5 |
|---|---|---|---|
| Term | Second Term | Credit Points | 30 credits (15 ECTS credits) |
| Campus | None. | Sustained Study | No |
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The rapid increase in the number of arbitral awards in recent years has highlighted the challenge for host states of creating an attractive investment climate and at the same time safeguarding sufficient regulatory space to pursue public policy objectives. The complex interaction between foreign investment protection and the regulatory sovereignty of states has been most acute in the energy sector. Energy investments are capital intensive and characterized with a long-term pay-back period. Investors therefore require strong guarantees that states will respect the “rules of the game” that constitute the basis of their investments. On the other hand, states are tempted to interfere with foreign energy investments because of their particular strategic and social importance. The purpose of this course is to explore the complex interaction between foreign investment protection and states’ regulatory sovereignty in international investment arbitration cases concerning the energy sector. This course aims to analyse if existing investment protection standards are adapted to the specific regulatory and political risks that investors face in the energy landscape of the 21st Century.
Information on contact teaching time is available from the course guide.
First attempt: one 800 word case note, worth 10% of the overall grade; one 3,000-word essay, worth 40% of the overall grade; one 3-hour exam, worth 50% of the overall grade.
Resit: 1 three hour written examination (100%).
There are no assessments for this course.
Summative essay will be returned with feedback thereon.
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