International Energy Investment Law: Stability through Contractual Clauses

by Mustafa Erkan

Overview

Contemporary legal practice has developed powerful contractual mechanisms to mitigate the political risks attendant on energy projects. However, until now most of what we know about the contractual management of these risks has been based on theoretical literature and the facts of cases rather than careful empirical study. This one-of-a-kind book breaks new ground. The author presents the results of a questionnaire-based survey circulated to the main players in the petroleum sector, revealing actual existing contractual risk management techniques and showing a true picture of the political risk situation in the petroleum sector. Going far beyond an analysis of the literature, the research includes in-depth interviews with specialist lawyers and representatives of companies who have not only a theoretical knowledge but practical experience with the problems of host government interventions, as well as with international petroleum negotiators, members of international organizations in the petroleum business, and dispute settlement bodies.

Product Details

ISBN-13:	9789041137579
Publisher:	Wolters Kluwer Law & Business
Publication date:	12/22/2010
Sold by:	Barnes & Noble
Format:	eBook
Pages:	440
File size:	2 MB

Table of Contents

Foreword; P. D. Cameron. Acknowledgment. List of Figures. List of Tables.
Abbreviations. Part I: The Risks. 1. General Introduction and Framework of the Research. 2. Political Risks Arising from the Intervention of Host States. 3. A Way of Taking Over: Indirect Expropriation. Part II: Managing Political Risks. 4. Stabilization Clauses: A Way of Managing of Political Risks. 5. Flexibility of Contractual Relations in Energy Projects:
Renegotiation Clauses. 6. Examining Modern Renegotiation (Equilibrium) Clauses in Petroleum Contracts. 7. Choice of Law and Alternative Dispute Resolution
(ADR) Clauses: Empirical Insights. Part III: Conclusion and Implications
. 7. Conclusion and Implications. Bibliography. Appendices:
1. The Questionnaire. 2. Some of the Omitted Research Findings. 3. Forced Divestment of Petroleum Production. 4. The Millennium Wave. 5. Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention, March 1965). 6. Energy Charter Treaty (Part III:
Investment Promotion and Protection, Part V: Dispute Settlement) (December
1994). 7. North American Free Trade Agreement (NAFTA) (Part V: Investment,
Services and Related Matters, Chapter XI: Investment) (December 1992). 8.
ASEAN Agreement for the Promotion and Protection of Investment (15 December
1987). Index.