Damages

About: Damages is a research topic. Over the lifetime, 9365 publications have been published within this topic receiving 89750 citations. The topic is also known as: compensation award.

International Energy Investment Law: The Pursuit of Stability

Abstract: The second edition of International Energy Investment Law: The Pursuit of Stability has been revised, updated, and expanded from the successful first edition to broaden coverage of the energy sector. As well as adding coverage of renewable energy, unconventional oil and gas, and issues in gas pricing, the second edition makes current arbitral awards and cases before ICSID and other arbitral tribunals and bodies, and includes a chapter on damages and a new case study on energy in Africa. At a time of unprecedented growth in arbitrations between investors and States over energy resources, the second edition of International Energy Investment Law: The Pursuit of Stability examines and assesses the variety of contract- and treaty-based instruments in commercial and international law that strive to protect the respective interests of investors and States in the international energy industry. It covers most forms of energy, especially oil and gas, and considers issues arising from energy network operation including transit. It pays particular attention to their practical impact through an analysis of their enforcement by arbitration tribunals and bodies, such as the ICSID, the ICC and the LCIA. The book also examines growing challenges presented by environmental and human rights concerns to the stability of long-term agreements. Investors in the international energy industry have long sought to secure guarantees from host States to mitigate the risk of unilateral revision of the deal at a future date. In recent years the traditional method of securing such guarantees has been supplemented by an unprecedented growth of international investment law in the form of BITs, MITs and other treaty-based instruments. Many States have also introduced guarantees into their domestic legislation. This multi-tier regime of stability has fundamentally altered the legal framework for energy investors and host States and offers extensive scope for international arbitration in the event of disputes. It is a system that is currently being tested in a number of high-value commercial disputes as a result of a wave of unilateral State action, most evidently in Latin America, Africa, and East Europe. The protections for investors are being tested as arbitrators develop new notions of legitimate expectations and give content to fair and equitable treatment, while mapping out more precisely the duties which investors have to host States. This book examines critically the interaction contract and treaty forms of stability in the new multi-tier setting, including three highly detailed regional case studies of Latin America, Africa, and East Europe. In its concluding section, it examines damages in energy cases and questions of stability across energy sub-sectors.

International environmental law and policy

Abstract: This dynamic casebook offers a coherent presentation of a complicated area: - offers an introduction to international law and institutions as a foundation for the study of global norms applicable to environmental problems - presents International Environmental Law in the 21st century, covering traditional issues such as transfrontier pollution and shared resource allocation and examining newer and emerging issues such as climate change, biological diversity and human rights implications - takes an interdisciplinary approach in an analytical framework - leads students from fundamental issues to sophisticated applications in four main parts: The Nature of International Environmental Issues, Pollution Control, Natural Resource Management, and Trade and Finance - thorough Teacher's Manual The authors use a skillful blend of material to capture and hold student interest: - detailed case studies - convenient appendices on Researching International Environmental law, International Organizations, and General Steps in Formulating Multilateral Agreements - detailed discussions of the relationship between international and domestic implementation of law - in-depth coverage of the liability, accountability, and valuation of natural resource damages Changes to the Second Edition include: - new developments in international environmental law, including compliance with agreements, international health problems, biotechnology, developments in WTO and NAFTA, sustainable economic development, and accountability of international institutions - the book is redesigned and condensed to make the materials readily accessible to a broad variety of students, bothin the United States and abroad - the rewritten introductory chapter now begins with a short history of international environmental law, the nature of international environmental problems, and political and economic contexts - several new case studies demonstrate the major problems involved in international environmental law and highlight the many interests surrounding treaty negotiations