Governments Under Cross-Fire? Renewable Energy and International Economic Tribunals

24 Pages Posted: 17 Dec 2015

See all articles by Daniel Behn

Daniel Behn

Queen Mary University of London; PluriCourts University of Oslo

Ole Kristian Fauchald

Fridtjof Nansen Institute; Department of Public and International Law; Pluricourts

Date Written: June 1, 2015

Abstract

States have sought to promote renewable energy generation as a means of meeting international and regional climate change objectives. These very policy initiatives are coming under attack when they might conflict with a state’s other international and regional obligations in the areas of international trade and foreign investment protection. Conflicts over how states can promote and incentivize renewable energy are increasingly brought before international courts and tribunals. The focus of this article is on the international disputes that have arisen out of feed-in tariff programmes being used for as a means for incentivizing photovoltaic solar electricity generation. The article examines the measures taken by states, the subsequent revocation or severe modification of such measures, how these policy shifts are dealt with by international courts and tribunals, and the implications of the cases for future initiatives to promote renewable energy.

Keywords: Renewable Energy, PV Solar, International Tribunals, WTO, CJEU, Investment Arbitration

Suggested Citation

Behn, Daniel and Fauchald, Ole Kristian, Governments Under Cross-Fire? Renewable Energy and International Economic Tribunals (June 1, 2015). Manchester Journal of International Economic Law, Vol. 12, No. 2, 2015. Available at SSRN: https://ssrn.com/abstract=2704330

Daniel Behn (Contact Author)

Queen Mary University of London ( email )

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PluriCourts University of Oslo ( email )

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Oslo, 0130
Norway
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HOME PAGE: http://www.jus.uio.no/pluricourts/english/

Ole Kristian Fauchald

Fridtjof Nansen Institute ( email )

P.O. Box 326
Lysaker N-1326
Norway

Department of Public and International Law ( email )

PO Box 6706 St Olavsplass
Oslo, 0130
Norway

Pluricourts ( email )

P.O. Box 6706
St. Olavs plass 5
0130 Oslo
Norway

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