Investment Law and the Energy Transition: Promotion, Protection and Arbitration

This book covers international investment law and investor-state dispute settlement in the energy transition era.

The Paris Agreement makes it clear that we need a climate-resilient development in order to limit the rise in global average temperature to 1.5℃ pre-industrial levels. International lawyers have caught up to reality and also to understanding the role that the legal framework and legal processes play in causing as well as solving the global climate crisis. Put simply, the energy sector, as well as the overall economy, must become greener. To achieve green transition, foreign direct investments are crucial. With that in mind, this book discusses how economy, environmental policy, and investment protection must work together as an effective global governance tool. This promotes and protects renewable energy investments on the one hand, and aids sustainability on the other. This book underscores key issues in the field and offers an overview of the legal landscape available to achieve the goals set out in the Paris Agreement, which clearly articulates that finance flows should be consistent with a pathway to low greenhouse gas emissions.

This book will be of interest to researchers, practitioners, and policy-makers in the field of investment law, energy law and environmental law, in general, and those operating at the intersection of the mentioned, in particular.

Kaj Hobér is a leading figure in the field of international arbitration (commercial and investment). He has been the chair, sole arbitrator, and party-appointed arbitrator in over 300 arbitration matters. He was previously a partner with the leading Nordic law firm, Mannheimer Swartling and is now an Associate Member with 3 Verulam Buildings Gray’s Inn, London. He has acted as counsel in several hundreds of international arbitration matters, commercial and investment.

Volker Roeben is Professor of International Law and Dean at Durham Law School. He is also a visiting professor at the China University of Political Science and Law in Beijing, a docent at the University of Turku, and an associate at the Centre for Energy, Petroleum and Mineral Law & Policy of the University of Dundee. Formerly, Volker previously was senior research fellow at the Max Planck Institute for Comparative law and Public International Law, and a professor at Swansea University and the University of Dundee.

Ylli Dautaj is Associate Professor in Commercial Law and Commercial Arbitration at Durham Law School, UK. Ylli graduated with a PhD from University of Edinburgh (UK) as a stipendiary scholar of the Scottish Graduate School for Arts & Humanities. He has taught in various jurisdictions, including at Penn State Dickinson Law, Jindal Global Law School, and Uppsala University. Meanwhile, Ylli founded DER Disputes and stands as counsel in international commercial and investment arbitration. He represents individuals, private enterprises, State-owned enterprises, and States in various disputes, including matters incidental or ancillary to arbitration. He focuses primarily in East-West disputes and energy-related disputes.