Journal of International Economic Law最新文献_第3页

Investors’ International Law 投资者国际法

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2023-12-18 DOI: 10.1093/jiel/jgad044

D. Dagbanja

引用次数: 0

Pro-Claimant bias in arbitrator selection 仲裁员选择中的亲申请人偏见

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2023-12-13 DOI: 10.1093/jiel/jgad039

Tobias Traxler

{"title":"Pro-Claimant bias in arbitrator selection","authors":"Tobias Traxler","doi":"10.1093/jiel/jgad039","DOIUrl":"https://doi.org/10.1093/jiel/jgad039","url":null,"abstract":"Recent empirical studies have confirmed that arbitrator selection affects outcomes in investor–state arbitrations. This article builds on the existing literature, relying on 48 semistructured interviews with investor-state arbitration practitioners. It makes three novel claims: (A) sophisticated counsel nowadays will take factors beyond a candidate’s appointment record into account when selecting an arbitrator. In this, a candidate’s likely ability to influence their peers’ thinking is particularly important. (B) States struggle to keep up with investors in the sophisticated process of arbitrator selection. They are frequently unable to engage counsel and select suitable arbitrators within the mandated timelines for arbitrator selection, and (C), as a consequence of the former two insights, states frequently fall into four different traps when selecting arbitrators. They appoint as their arbitrators famous jurists without significant investor-state arbitration experience, famous proinvestor arbitrators, and famous arbitrators that have publicly assumed entrenched positions and defer appointments to appointing authorities. This hinders states’ ability to effectively further their case during arbitrator selection, thus disadvantaging them in investor–state arbitrations.","PeriodicalId":46864,"journal":{"name":"Journal of International Economic Law","volume":"69 1","pages":""},"PeriodicalIF":3.1,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138686835","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Energy disciplines in PTAs between security and sustainability concerns: a comparative perspective 安全和可持续性关切之间的 PTA 能源纪律：比较视角

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2023-12-13 DOI: 10.1093/jiel/jgad040

Ilaria Espa

引用次数: 0

From guano to green hydrogen: food security and fertilizer disputes in international energy law 从鸟粪到绿色氢气：国际能源法中的粮食安全与肥料争端

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2023-12-13 DOI: 10.1093/jiel/jgad037

Oliver Hailes

{"title":"From guano to green hydrogen: food security and fertilizer disputes in international energy law","authors":"Oliver Hailes","doi":"10.1093/jiel/jgad037","DOIUrl":"https://doi.org/10.1093/jiel/jgad037","url":null,"abstract":"Russia’s invasion of Ukraine triggered energy and food crises, driven by demand for natural gas as fuel and fertilizer feedstock. By adopting a recent framework for analysing the diverse ways in which international law regulates energy transactions, I extend the category of end-use energy products to include food for human consumption, given the economic importance of dietary energy and the entangled agendas of energy and food security. To highlight the intermediate roles played by international law in securing resources for conversion into dietary energy, I show how rules allocating entitlements over fossil fuels were inherited from an earlier generation of international disputes over fertilizer resources, including the taxation of nitrate exports, alien entitlements to guano discoveries, and the well-known confiscation of a factory at Chorzów. Many of these disputes between States and commercial actors prefigured the reliance of the modern energy industry on investment arbitration and retain currency in case law. Yet, the fertilizer trade also informed the development of offshore resource entitlements, the local regulation of global externalities, and the belated recognition of the rights of peoples over natural resources. Despite this normative evolution, dispute settlement in the energy sector is still driven by States and commercial actors, although the underlying transactions may have profound implications for food security. By reframing food as energy and integrating fertilizer disputes into a long history of international energy law, the anticipated transition from fossil fuels towards green hydrogen as a dual-use fuel and fertilizer feedstock may generate familiar sites of distributive conflict over resources for the production of dietary energy, calling for closer attention to whether food security may be enhanced by the entitlements of collective subjects (food sovereignty), individuals (right to food), corporations (investment protection), and States (economic regulation).","PeriodicalId":46864,"journal":{"name":"Journal of International Economic Law","volume":"23 1","pages":""},"PeriodicalIF":3.1,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138686962","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

ISDS 2.0: time for a doctrine of precedent? ISDS 2.0：先例理论的时机已到？

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2023-12-12 DOI: 10.1093/jiel/jgad033

Martin Jarrett

{"title":"ISDS 2.0: time for a doctrine of precedent?","authors":"Martin Jarrett","doi":"10.1093/jiel/jgad033","DOIUrl":"https://doi.org/10.1093/jiel/jgad033","url":null,"abstract":"The reform process for ISDS at UNCITRAL is reaching its climax. Within the next few years, a treaty for ‘ISDS 2.0’ should emerge from this process. A key feature of ISDS 2.0 will be a new international court for resolving investor–state disputes. This court should include an appellate tribunal. A core function of this appellate tribunal will be to produce consistent case law, noting a common complaint about ‘ISDS 1.0’ is that it has produced inconsistent case law. There is good reason to believe that the appellate tribunal of ISDS 2.0 can deliver consistent case law, but the promoters behind ISDS 2.0 need to be careful what they wish for. The WTO dispute settlement system produced consistent case law, yet that achievement turned out to be a reason for its subsequent breakdown. Consistent case law apparently sounds good in theory, but it is not welcome in practice. Is there a way out of this conundrum? This article proposes that a formal doctrine of precedent is the solution. This proposal might initially provoke some surprise—a softer system of precedent is apparently the best compromise. But a doctrine of precedent can be crafted to limit adjudicative law-making power, while emphasizing states’ control over their investment–treaty obligations. This article puts forward the broad outline of this conception of a doctrine of precedent, explains why it gives effect to states’ interests, and examines the methods by which a doctrine of precedent could be adopted.","PeriodicalId":46864,"journal":{"name":"Journal of International Economic Law","volume":"99 1","pages":""},"PeriodicalIF":3.1,"publicationDate":"2023-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138581426","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Peaceful settlement of inter-state energy disputes: applicable law, defence arguments, and remedies in the ICC arbitration between Iraq and Turkey 和平解决国家间能源争端：国际商会伊拉克与土耳其仲裁案中的适用法律、辩护理由和补救措施

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2023-12-01 DOI: 10.1093/jiel/jgad038

B. Demirkol

引用次数: 0

The dilemma of sovereign debt enforcement 主权债务执行的困境

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2023-11-29 DOI: 10.1093/jiel/jgad034

L. Buchheit

引用次数: 0

Climate change and oil and gas production regulation: an impossible reconciliation? 气候变化与油气生产监管:不可调和?

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2023-11-17 DOI: 10.1093/jiel/jgad032

Daria Shapovalova

{"title":"Climate change and oil and gas production regulation: an impossible reconciliation?","authors":"Daria Shapovalova","doi":"10.1093/jiel/jgad032","DOIUrl":"https://doi.org/10.1093/jiel/jgad032","url":null,"abstract":"Fossil fuel combustion is undeniably the largest source of greenhouse gas emissions worldwide. In order to meet the Paris Agreement target of keeping global warming below 2°C, globally, a third of oil and half of gas reserves should remain unused from 2010 to 2050. In 2021, the International Energy Agency estimated that in the net-zero emissions scenario there is no need for fossil fuel exploration, new oil and natural gas fields beyond those already been approved for development, or new coal mines or mine extensions. While greenhouse gas emissions from the actual exploration and production activities (upstream emissions) are increasingly regulated, the emissions from the final combustion of the produces oil and gas are not taken into account when new projects are approved. This paper argues that there is a significant lack of integration between climate and energy regulation which, if not corrected, may result in challenges to achieve the global climate targets. It analyses the mechanisms for better inclusion of climate considerations at the oil and gas development approval stage. It starts with a review of international initiatives examining the lack of engagement with the climate regime and fossil fuel production. It further analyses the oil and gas development approval regime in the UK with a view to highlighting the lack of integration of climate concerns in the licensing and environmental assessment processes.","PeriodicalId":46864,"journal":{"name":"Journal of International Economic Law","volume":"238 1","pages":""},"PeriodicalIF":3.1,"publicationDate":"2023-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138531678","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Energy justice in times of crisis: protection of consumers and market-based renewable energy investments 危机时期的能源正义:保护消费者和基于市场的可再生能源投资

1区社会学

Journal of International Economic Law Pub Date : 2023-11-10 DOI: 10.1093/jiel/jgad030

Anatole Boute

{"title":"Energy justice in times of crisis: protection of consumers and market-based renewable energy investments","authors":"Anatole Boute","doi":"10.1093/jiel/jgad030","DOIUrl":"https://doi.org/10.1093/jiel/jgad030","url":null,"abstract":"ABSTRACT In response to the 2022 energy crisis, caused by the disruption of Russian gas supplies to Europe, the European Union (EU) emphasized the importance of accelerating the deployment of renewable energy to ensure supply security and lower energy prices. Paradoxically, renewable energy investments were also one of the main targets of the EU efforts to contain the hardship of the crisis. Based on the reasoning that investors in wind and solar energy received profits that by far exceeded pre-crisis levels, the EU capped their ‘surplus revenues’ and initially proposed to decouple electricity from gas prices. These initiatives were justified based on considerations of distributive energy justice. Yet, by interfering with revenues and the electricity market structure, the EU signalled to renewable energy investors the risk of regulatory intervention with the market basis governing their investments. Building on the arbitral practice on renewable energy and electricity regulation, this article examines the international protection of market-based renewable energy investments and critically reflects on how investment protection affects states’ right to ensure energy justice in times of crisis.","PeriodicalId":46864,"journal":{"name":"Journal of International Economic Law","volume":" February","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135186391","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Beyond externalities: human rights as a foundation of entitlements over energy resources 超越外部性:人权是能源资源权利的基础

1区社会学

Journal of International Economic Law Pub Date : 2023-11-10 DOI: 10.1093/jiel/jgad031

Ginevra Le Moli

{"title":"Beyond externalities: human rights as a foundation of entitlements over energy resources","authors":"Ginevra Le Moli","doi":"10.1093/jiel/jgad031","DOIUrl":"https://doi.org/10.1093/jiel/jgad031","url":null,"abstract":"ABSTRACT The question of human rights and energy has been traditionally framed as an analysis of limitations on energy transactions arising from substantive and procedural human rights. Whereas the negative externality framing of human rights sets safeguards against the adverse effects of energy transactions and thereby restrains how such transactions are conducted, it overlooks a more fundamental dimension, the conferral of entitlements. Indeed, human rights define entitlements over energy resources, setting competing claims that limit not only how energy transactions are conducted but also the very power to conduct them in the first place. The entitlement dimension of human rights also unveils a wider question, namely the competing claims of a variety of collective subjects against the entitlement of the territorial or coastal States. In other words, such reframing opposes two logics of international law, each based on a different conception of the source from which entitlements flow. This article investigates the externality-avoidance and entitlement function of human rights in the context of international energy transactions. It reviews the most relevant judicial and quasi-judicial practice at the international level to illustrate the implications of framing the function of human rights from one or the other perspective.","PeriodicalId":46864,"journal":{"name":"Journal of International Economic Law","volume":" 484","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135186504","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0