Last modified: 20 Aug 2024 11:46
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 strategic and social importance. This course aims to analyse if existing investment disciplines and international investment protection framework, are adapted to the specific regulatory risks that investors face in the energy landscape of the 21st Century and how best to avoid disputes and manage them.
| Study Type | Postgraduate | Level | 5 |
|---|---|---|---|
| Term | Second Term | Credit Points | 30 credits (15 ECTS credits) |
| Campus | Aberdeen | Sustained Study | No |
| Co-ordinators |
|
||
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 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 and relating to new and emerging perspectives such as climate change and sustainable development. 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. The course concludes by examining the prospects for the future of the international investment protection framework. The course is delivered in a manner enabling the students to engage with the subjects deeply and practically.
| Assessment Type | Summative | Weighting | 60 | |
|---|---|---|---|---|
| Assessment Weeks | Feedback Weeks | |||
| Feedback |
Feedback will be provided on the feedback form within three weeks from the date of submission. |
Word Count | 3000 | |
| Knowledge Level | Thinking Skill | Outcome |
|---|---|---|
|
|
||
| Assessment Type | Summative | Weighting | 40 | |
|---|---|---|---|---|
| Assessment Weeks | Feedback Weeks | |||
| Feedback | ||||
| Knowledge Level | Thinking Skill | Outcome |
|---|---|---|
|
|
||
There are no assessments for this course.
| Assessment Type | Summative | Weighting | 100 | |
|---|---|---|---|---|
| Assessment Weeks | Feedback Weeks | |||
| Feedback | ||||
| Knowledge Level | Thinking Skill | Outcome |
|---|---|---|
|
|
||
| Knowledge Level | Thinking Skill | Outcome |
|---|---|---|
| Reflection | Apply | Knowledge of the concepts and terms prevalent in international investment arbitration. |
| Factual | Understand | Knowledge and understanding of the sources of international investment law. |
| Procedural | Remember | First-hand experience dealing with international investment treaties and arbitral awards; and |
| Conceptual | Evaluate | A particular awareness of international investment treaty law in the energy sector |
| Factual | Remember | Rember the Implementation of critical thinking about policy-making awareness of international investment treaty law in the energy sector |
| Conceptual | Create | Create their own definition on substantive protections in light of the principle on state’s right to regulate |
| Factual | Analyse | 7. Analyse the variation on treaty interpretation regarding most frequently invoked treaty breaches, including expropriation and fair and equitable treatment. |
We have detected that you are have compatibility mode enabled or are using an old version of Internet Explorer. You either need to switch off compatibility mode for this site or upgrade your browser.
