Journal of International Economic Law最新文献_第5页

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":null,"pages":null},"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":null,"pages":null},"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":null,"pages":null},"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

Treaty influencers: a computational analysis of the development of international investment law 条约影响者:国际投资法发展的计算分析

1区社会学

Journal of International Economic Law Pub Date : 2023-09-01 DOI: 10.1093/jiel/jgad029

Runar Hilleren Lie

引用次数: 0

Transnational economic activism and private regulatory power 跨国经济行动主义和私人监管权力

1区社会学

Journal of International Economic Law Pub Date : 2023-09-01 DOI: 10.1093/jiel/jgad028

Panagiotis Delimatsis

{"title":"Transnational economic activism and private regulatory power","authors":"Panagiotis Delimatsis","doi":"10.1093/jiel/jgad028","DOIUrl":"https://doi.org/10.1093/jiel/jgad028","url":null,"abstract":"ABSTRACT Private bodies involved in global regulatory governance shape and monitor economic behaviour. Their regulatory power has greatly increased over the last several decades. Thanks to an impressive apparatus of standard-setting, they have transformed economic activity. The dominance of private bodies in standard-setting has continued despite crises to which they themselves have contributed. Existing literature suggests that the State ‘orchestrates’ private regulatory activity, thereby retaining a high level of control. Yet, this article shows that the opposite has occurred: crises, broadly defined as disruptive events, make private bodies more resilient or generate new transnational ones. The lack of State control has ushered in a new era of private authority. Private bodies use crises as opportunities to reorganize and become more assertive in norm-creation, overriding and substituting State powers. Free from organizational hierarchies, formal accountability structures, scrutiny, pressure, and obligations, private bodies expand their regulatory domain, enhance their collective memory and identity, and grow stronger through crises. Future empirical work on the interaction between public regulatory and supervisory authorities and private rule-makers can make a difference in ensuring that private rule-making serves the public interest.","PeriodicalId":46864,"journal":{"name":"Journal of International Economic Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135200266","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

Competition among purposes: The Chinese Experience in the Governance of Climate Change and Energy Transition 目的之间的竞争:气候变化与能源转型治理的中国经验

1区社会学

Journal of International Economic Law Pub Date : 2023-08-29 DOI: 10.1093/jiel/jgad027

Henry Gao, Weihuan Zhou

引用次数: 0

‘These are my principles. If you don’t like them I have others.’ On justifications of foreign investment protection under international law 这是我的原则。如果你不喜欢他们，我还有其他人论国际法保护外国投资的正当性

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2023-08-21 DOI: 10.1093/jiel/jgad025

Fuad Zarbiyev

引用次数: 0

Integrating non-binding labour standards in binding trade agreements: The ILO’s feedback loop 将不具约束力的劳工标准纳入具有约束力的贸易协定：国际劳工组织的反馈循环

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2023-08-19 DOI: 10.1093/jiel/jgad026

Desirée LeClercq

{"title":"Integrating non-binding labour standards in binding trade agreements: The ILO’s feedback loop","authors":"Desirée LeClercq","doi":"10.1093/jiel/jgad026","DOIUrl":"https://doi.org/10.1093/jiel/jgad026","url":null,"abstract":"\u0000 Much attention has been placed on how trade agreements integrate and benefit from a non-binding International Labour Organization (ILO) declaration. That declaration lists the fundamental labour principles to which all the ILO’s members, and thus the trade parties, have already consented. However, until now, it has been unclear whether and to what extent that integration, in turn, benefits the ILO’s regime. Comparing standard-setting negotiations at the ILO in 1998 and 2022, this article argues that the hardening of non-binding labour rights in binding trade agreements stagnates and complicates new labour standards. The ILO’s members now demand a saving clause expressly decoupling their new non-binding standard from their binding trade commitments. The implications of those negotiations for the future standard setting are wide-ranging and significant. As states become more aware of the potential binding nature of their non-binding standards, they are decoupling the ILO’s regime from their trade regime and shrinking the reach of the ILO’s fundamental principles in the process. This article draws from labour-adjacent standards integrated into trade agreements to show how states may mitigate that feedback loop.","PeriodicalId":46864,"journal":{"name":"Journal of International Economic Law","volume":null,"pages":null},"PeriodicalIF":3.1,"publicationDate":"2023-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44261094","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: 1