The Energy Transition and Investor-State Dispute Settlement in Asia: On Managing Expectations and Avoiding Sagas

In: Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 41, 2023
Author:
Jason Rudall
Search for other papers by Jason Rudall in
Current site
Google Scholar
PubMed Close
Type:
Chapter
Pages:
87–111
DOI:
https://doi.org/10.1163/9789004719934_005

Purchase instant access (PDF download and unlimited online access):

$40.00
Add to Cart
Redeem Access Token

Abstract

This article explores the challenges posed by the doctrine of legitimate expectations under international investment law in the context of the renewable energy transition in Asia. As regulatory frameworks evolve from incentivising to normalising renewable energy, the likelihood of investment disputes becomes increasingly acute. Drawing lessons from the “Spanish renewables saga”, the present contribution reveals the particular contours of legitimate expectations through the many and varied renewable energy cases in which this doctrine has arisen. While the case law in this area is often inconsistent, some important trends can nevertheless be identified. Asian states are in fact well-placed to design their regulatory frameworks around renewable energy with the benefit of “Spanish hindsight”. If they do so, legitimate expectations can be appropriately managed and an “Asian renewables saga” may be avoided.

  • Collapse
  • Expand
Series:  Chinese (Taiwan) Yearbook of International Law and Affairs, Volume: 41
Cover Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 41, 2023
E-Book ISBN:
9789004719934
Publisher:
Brill | Nijhoff
Print Publication Date:
20 Dec 2024
Front Matter
Nuclear Submarines under AUKUS and Implications for International Law in the Indo-Pacific
The Strategic Use of International Law in the Crisis of Taiwan Strait
International Law and the Rights of Women in East Asia
Charting a New Legal Order: ASEAN’s Arbitration Reform in Taming the “Unruly Horse” of Public Policy Exception
Can Marine Protected Areas be Established in the South China Sea under the BBNJ Agreement?
Climate Change Proceedings as a Watershed Moment: Public Interest in the Jurisprudence of the International Tribunal for the Law of the Sea
Warning against Silverfish in Democracy: Decaying Constitutionalism in the Society of Taiwan
Legal Risks and Challenges of Unregulated AI
Transfiguring Islands to Rocks: Examining the Effects of Sea Level Rise in Light of Article 121 of UNCLOS
Evaluating Taiwan – U.S. Bilateral Engagements in the Trade-Climate Change-Energy Nexus
Special Report
Book Reviews
Contemporary Practice and Judicial Decisions of the Republic of China (Taiwan) Relating to International Law, 2023
Treaties/Agreements Concluded by the Republic of China (Taiwan) with Other Countries and Organizations in 2023
Back Matter

Metrics

All Time Past 365 days Past 30 Days
Abstract Views 78 78 40
Full Text Views 4 4 2
PDF Views & Downloads 10 10 4