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JOURNAL SPECIAL ISSUES

 

SPECIAL ISSUE

JOURNAL OF WORLD ENERGY LAW AND BUSINESS (JWELB)

OXFORD UNIVERSITY PRESS

Volume 8, Issue 6, December 2015

(Advance Access Publication on November 2015)

 

 

Cover - Journal Special Issue : Cover - JWELB

Table of Contents JWELB - Table of Contents

http://glawcal.org.uk/index.php/journal-special-issues.html

 

 

Sustainable Energy and National Security: Arbitration and Negotiation Issues

edited by

Paolo Farah

Fundamental trends in the European Union and the world at large provide an increasingly important policy agenda for financing sustainable energy in terms of energy efficiency, innovation in energy exploitation and development of renewable resources. During the four years Marie Curie IRSES Programme “Evaluating Policies for Sustainable Energy Investments: towards an integrated approach on national and international stage” (EPSEI) funded by the European Commission a research partnerships between European research organisations and research organisations from crucial world regions, mainly China and Russian Federation, was developed. This Special Issue is devoted to the international trends in sustainable energy and their effects on energy security at the national level. Such technical, legal and policy-related matters affect multiple parties and interests. Resolution of disputes may require coordination of multiple governmental authorities and private entities. Arbitration and negotiation can represent a way to effectively combine several points of view about economic interests and environmental concerns.

This Special Issue is part of the results of the Research Team at gLAWcal - Global law Initiatives for Sustainable Development (United Kingdom) coordinated by Prof. Paolo Davide Farah, in the frame of the Project EPSEI. The research leading to these results has received funding from the People Programme (Marie Curie Actions) of the European Union’s Seventh Framework Programme (FP7/2007–13) under REA grant agreement no 269327 Acronym of the Project: EPSEI (2011–15) entitled ‘Evaluating Policies for Sustainable Energy Investments: Towards an Integrated Approach on National and International Stage’. Corresponding Author and Special Issue Guest Editor contact details: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

TABLE OF CONTENTS

1.      Paolo Davide FARAH (West Virginia University, Department of Public Administration and College of Law, USA, gLAWcal – Global Law Initiatives for Sustainable Development, United Kingdom; EPSEI Vice-coordinator & EU Marie Curie Fellow in the EPSEI Programme at Tsinghua University Law School, THCEREL - Center for Environmental, Natural Resources & Energy Law, China)

Editorial Note - Sustainable Energy Investments and National Security: Arbitration and Negotiation Issues

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2.     Fernando DIAS SIMÕES (University of Macau, Faculty of Law, China & gLAWcal – Global Law Initiatives for Sustainable Development, United Kingdom)

Powered by Expertise: Selecting Arbitrators in Energy Disputes

Abstract:

Arbitration is the most widely used dispute resolution method in the energy sector. A major advantage of arbitration is that it allows parties to select the persons who will settle the dispute—the arbitrators. However, finding meaningful information on the level of expertise of potential arbitrators is not easy. There are serious information asymmetries that prevent the market for arbitrator services from being fully competitive and impair parties’ ability to make wholly informed decisions. Because most parties and their counsels are not familiar with the market for arbitrators, they tend to rely on personal enquiries and generic or specific directories of arbitrators. The choice of a suitable arbitrator is critical, not merely from the parties’ point of view but also to ensure the efficiency and legitimacy of the overall system of dispute resolution. Arbitrators should be able to balance a variety of diverse interests that frequently go beyond the strict concerns of the disputing parties. This article argues that lists of energy arbitrators should be improved so as to allow interested parties to consult prior awards rendered by potential arbitrators and the feedback provided by previous users of their services. This would allow parties to conduct a more efficient screening of potential candidates, hopefully contributing to make the process of identification of expert energy arbitrators easier and cheaper.

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3.     JUN Xiao (Wuhan University, Law School, Institute of International Law, China & EU Commission Marie Curie Fellow in the EPSEI Programme at University of Turin Law School, Italy)

How Can a Prospective China-EU BIT Contribute to Sustainable Investment: In Light of the UNCTAD Investment Policy Framework for Sustainable Development

Abstract:

At present, the issue of bilateral investment treaties (BIT) is gaining more and more importance worldwide, because of various projects requiring effective financial flow, being globally initiated. This article tries to analyse the particularities of the BITs between China and Canada (China–Canada BIT), as well as between the European Union (EU) and Canada (investment chapter of the Comprehensive Economic and Trade Agreement, CETA) to locate and emphasize some of the basic features applicable for a future investment protection oriented agreement involving China and the EU. Furthermore, the scope of United Nations Conference on Trade and Development (UNCTAD)’s Investment Policy Framework for Sustainable Development (IPFSD) broadens the view on International Investment Agreements in general, helping the assessment of their provisions from a sustainability aspect. The article also covers some of the areas of dispute settlement, its main goal being to make complex suggestions to the constantly forming international investment policy of China, potentially contributing to the pressurization of sustainable development.

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4.     ZHANG Qinglin (Wuhan University, Law School, Institute of International Law, China & EU Commission Marie Curie Fellow in the EPSEI Program at University of Turin Department of Law, Italy);

Analysis of the Impact on Sustainable Development by Investment Regulations in the Energy Charter Treaty

Abstract

The Energy Charter Treaty is an important multilateral treaty for promoting international energy cooperation. Sustainable development is one of its purposes. The investment regulations of the Treaty have emphasized protecting the investors’ interests, which has potentially both positive and negative influence on sustainable development. To achieve the aim of sustainable development and to attract more countries’ participation in the Treaty, the Treaty should increase its transparency and give differential treatment to developing countries. This article seeks to analyse these concerns and offer some wider conclusions regarding the particular improvement which can be carried out to increase the level of investment protection, while maximizing sustainable development simultaneously.

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5.     Paolo Davide FARAH (West Virginia University, Department of Public Administration and College of Law, USA, gLAWcal – Global Law Initiatives for Sustainable Development, United Kingdom; EPSEI Vice-coordinator & EU Marie Curie Fellow in the EPSEI Programme at Tsinghua University Law School, THCEREL - Center for Environmental, Natural Resources & Energy Law, China);

Riccardo TREMOLADA (University of Naples Federico II Law School, Italy, Shanghai JiaoTong University Law School & EU Marie Curie Fellow in the EPSEI Programme at CRAES - Chinese Research Academy on Environmental Sciences, China)

Offshore Natural Gas Resources in the Eastern Mediterranean in Relations with the European Union: a Legal Perspective through the Lenses of MedReg

Abstract

The Leviathan natural gas field has become a significant energy source for surrounding states in the eastern Mediterranean such as Lebanon, Cyprus, Syria, Israel, Jordan and Turkey. Tensions in the particular area cause this resource to be exploited on a low efficiency level both when it comes to utilization and organized cooperation between states helping their economies to benefit from the trade in this natural resource. This article analyses the current tendencies towards the expansion of the regulatory frameworks already functional in Mediterranean states west of the Levantine basin and simultaneously aims to give an assessment of these efforts. The main goal is to thoroughly evaluate the appropriateness of the existing cooperative methods and legal solutions regarding energy trade on an open market between developed states for countries with different political interests in a highly unstable area of constant sociological and political turbulence.

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6.     DENG Haifeng (Tsinghua University Law School, THCEREL - Center for Environmental, Natural Resources & Energy Law, China & EU Commission Marie Curie Fellow in the EPSEI Programme at gLAWcal – Global Law Initiatives for Sustainable Development, United Kingdom and University of Turin Department of Law Italy);

Paolo Davide FARAH (West Virginia University, Department of Public Administration and College of Law, USA, gLAWcal – Global Law Initiatives for Sustainable Development, United Kingdom; EPSEI Vice-coordinator & EU Marie Curie Fellow in the EPSEI Programme at Tsinghua University Law School, THCEREL - Center for Environmental, Natural Resources & Energy Law, China);

WANG Anna (Tsinghua University Law School, THCEREL - Center for Environmental, Natural Resources & Energy Law, China).

China’s Role and Contribution in the Global Governance of Climate Change: Institutional Adjustments for Carbon Tax Introduction, Collection and Management in China

 

Abstract

As global climate change and its adverse effects have caused serious consequences, the Chinese Government is speeding up on energy saving and emissions reductions, becoming much more active on the climate and environment front. According to the work schedule of the Ministry of Finance, construction of the environmental protection tax system is one essential part of the forthcoming green tax reform in China. On 10 June 2015, the Cabinet’s Legislative Affairs Office issued a Draft Environmental Protection Tax Law of the People’s Republic of China (hereinafter referred to as the ‘Draft EPT Law’) to solicit opinions and comments. This action received much attention and prompted discussion both at home and abroad. The Draft EPT Law shows the trend of transforming pollution charges into tax, and starts a green reform in administrative management by means of financial tools. Though the law does not include carbon dioxide with taxable pollutants, it leaves space for future carbon taxation. With the increase of green reform in the future, carbon tax will no doubt be put on the priority list of the Chinese Government, at which point the Government will face three major challenges. First, the current unsatisfactory tax system environment will jeopardize carbon tax. It is necessary to repeal the overlaps between the Draft EPT Law and carbon tax, other energy taxes and non-environmental taxes, and introduce carbon tax into the current tax system without throwing off the order of the overall tax structure. Secondly, in spite of the design of the new tax structure, the administrative organization of tax management remains a very critical problem. It will be necessary to establish an orderly interactive relationship horizontally between the environmental agency and tax agency, and vertically between the central and the local authorities. Thirdly, a new carbon tax will cause economic slowdown in the short term. In addition to offering tax rebates, reductions and subsidies, a system of penalties could offset negative effects and optimize positive outcomes of emission reduction.

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SUGGESTED CITATION:

Paolo Davide FARAH, “Sustainable Energy Investments and National Security: Arbitration and Negotiation Issues”, JOURNAL OF WORLD ENERGY LAW AND BUSINESS, OXFORD UNIVERSITY PRESS, Volume 8, Issue 6, December 2015, (Advance Access Publication on November 2015).

Fernando DIAS SIMÕES, “Powered by Expertise: Selecting Arbitrators in Energy Disputes”, JOURNAL OF WORLD ENERGY LAW AND BUSINESS, OXFORD UNIVERSITY PRESS, Volume 8, Issue 6, December 2015, (Advance Access Publication on November 2015).

Xiao JUN, “How Can a Prospective China-EU BIT Contribute to Sustainable Investment: In Light of the UNCTAD Investment Policy Framework for Sustainable Development”, JOURNAL OF WORLD ENERGY LAW AND BUSINESS, OXFORD UNIVERSITY PRESS, Volume 8, Issue 6, December 2015, (Advance Access Publication on November 2015).

Qinglin ZHANG, “Analysis of the Impact on Sustainable Development by Investment Regulations in the Energy Charter Treaty”, JOURNAL OF WORLD ENERGY LAW AND BUSINESS, OXFORD UNIVERSITY PRESS, Volume 8, Issue 6, December 2015, (Advance Access Publication on November 2015).

Paolo Davide FARAH, Riccardo TREMOLADA, “Offshore Natural Gas Resources in the Eastern Mediterranean in Relations with the European Union: a Legal Perspective through the Lenses of MedReg”, JOURNAL OF WORLD ENERGY LAW AND BUSINESS, OXFORD UNIVERSITY PRESS, Volume 8, Issue 6, December 2015, (Advance Access Publication on November 2015).

Haifeng DENG, Paolo Davide FARAH, Anna WANG, “China’s Role and Contribution in the Global Governance of Climate Change: Institutional Adjustments for Carbon Tax Introduction, Collection and Management in China”, JOURNAL OF WORLD ENERGY LAW AND BUSINESS, OXFORD UNIVERSITY PRESS, Volume 8, Issue 6, December 2015, (Advance Access Publication on November 2015).

 

Cover - Journal Special Issue : Cover - JWELB

Table of Contents JWELB - Table of Contents

http://glawcal.org.uk/index.php/journal-special-issues.html