Research Handbook on Climate Change and Trade Law
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Research Handbook on Climate Change and Trade Law

Edited by Panagiotis Delimatsis

The interaction between climate change and trade has grown in prominence in recent years. This Research Handbook contains authoritative original contributions from leading experts working at the interface between trade and climate change. It maps the state of affairs in such diverse areas as: carbon credits and taxes, sustainable standard-setting and trade in ‘green’ goods and services or investment, from both a regional and global perspective. Panagiotis Delimatsis redefines the interrelationship of trade and climate change for future scholarship in this area.
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Chapter 20: Rules and disputes on foreign investment in renewable energies—exploring the nexus of trade and investment treaties

Julien Chaisse

Abstract

Renewable energy provides an answer to the most pressing socioeconomic challenges that governments face today, in particular the effects of climate change. Although efforts have been made throughout the world, it is necessary that investment in renewable energy is further increased if it is to have a marked impact on the reduction of carbon dioxide (CO2). The lack of national investment is inevitably going to trigger the inflow of foreign investment which is subject to 'performance requirements' which are regulated by a number of international norms. The chapter reviews all the rules currently applicable and stresses their differences to provide a typology of existing prohibitions. The analysis is further refined by a comprehensive review of the case law (both decided by trade and investment tribunals) to identify the type of requirements which have been implemented on renewable energies. It also explains and anticipates the role of the most-favoured national (MFN) treatment in the context of bilateral treaties in a manner hitherto unexplored. In doing so, this Article provides a comprehensive analysis of the 'performance requirements' in international treaties with a view to assessing their impact on the further development of renewable energies.

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