Host Government Agreements and the Law in the Energy Sector
portes grátis
Host Government Agreements and the Law in the Energy Sector
The case of Azerbaijan and Turkey
Sahin, Hakan
Taylor & Francis Ltd
12/2021
208
Mole
Inglês
9781032241722
15 a 20 dias
380
Descrição não disponível.
Acknowledgements
List of abbreviations
PART I
Political risks in the energy sector
1 Introduction and framework of the research
Introduction
Expropriation or nationalisation?
Why are stabilisation clauses a controversial issue?
Host government agreements
Objectives and scope of the research
The gap in conventional literature
Research questions
Methodology
Overview of Azerbaijan and Turkey
Baku-Tbilisi-Ceyhan crude oil pipeline project: timeline, importance and issues
Structure of the book
2 Indirect expropriation
Introduction
Distinguishing between direct and indirect expropriation
The types of host state measures that may constitute indirect expropriation
Criteria for the distinction between legitimate regulation (noncompensable regulation) and indirect expropriation
Sole effect versus police power
Bilateral investment treaties of Azerbaijan and Turkey and their treaty provisions concerning indirect expropriation
Tools for mitigating indirect expropriation risk
Conclusions
PART II
Mitigating political risks through stability provisions
3 Stabilisation clauses
Introduction
General implications of stabilisation clauses
Typologies of stabilisation clauses
Legal importance and functional value of stabilisation clauses
Do stabilisation provisions constitute a threat to environmental protection and human rights?
The BTC pipeline project (I): reactions to the project
Conclusion
4 Lenders, risk insurers and rating agencies
Introduction
The main financial institutions in project financing
The role of lenders in inclusion of stabilisation clauses
Political risk insurance providers
The role of political risk insurance providers in the inclusion of stabilisation clauses
Credit rating agencies
The role of credit rating providers in the inclusion of stabilisation clauses
Baku-Tbilisi-Ceyhan pipeline project (II)
Conclusions
5 Political systems and laws on foreign investment in Azerbaijan and Turkey
Introduction
Azerbaijan
Turkey
A comparison of guarantees available under FDI laws and political regimes in Azerbaijan and Turkey
Conclusions
PART III
Conclusion and recommendations
6 Conclusions and recommendations
The research findings and conclusions
Recommendations
Index
List of abbreviations
PART I
Political risks in the energy sector
1 Introduction and framework of the research
Introduction
Expropriation or nationalisation?
Why are stabilisation clauses a controversial issue?
Host government agreements
Objectives and scope of the research
The gap in conventional literature
Research questions
Methodology
Overview of Azerbaijan and Turkey
Baku-Tbilisi-Ceyhan crude oil pipeline project: timeline, importance and issues
Structure of the book
2 Indirect expropriation
Introduction
Distinguishing between direct and indirect expropriation
The types of host state measures that may constitute indirect expropriation
Criteria for the distinction between legitimate regulation (noncompensable regulation) and indirect expropriation
Sole effect versus police power
Bilateral investment treaties of Azerbaijan and Turkey and their treaty provisions concerning indirect expropriation
Tools for mitigating indirect expropriation risk
Conclusions
PART II
Mitigating political risks through stability provisions
3 Stabilisation clauses
Introduction
General implications of stabilisation clauses
Typologies of stabilisation clauses
Legal importance and functional value of stabilisation clauses
Do stabilisation provisions constitute a threat to environmental protection and human rights?
The BTC pipeline project (I): reactions to the project
Conclusion
4 Lenders, risk insurers and rating agencies
Introduction
The main financial institutions in project financing
The role of lenders in inclusion of stabilisation clauses
Political risk insurance providers
The role of political risk insurance providers in the inclusion of stabilisation clauses
Credit rating agencies
The role of credit rating providers in the inclusion of stabilisation clauses
Baku-Tbilisi-Ceyhan pipeline project (II)
Conclusions
5 Political systems and laws on foreign investment in Azerbaijan and Turkey
Introduction
Azerbaijan
Turkey
A comparison of guarantees available under FDI laws and political regimes in Azerbaijan and Turkey
Conclusions
PART III
Conclusion and recommendations
6 Conclusions and recommendations
The research findings and conclusions
Recommendations
Index
Este título pertence ao(s) assunto(s) indicados(s). Para ver outros títulos clique no assunto desejado.
Stabilisation Clauses;Indirect Expropriation;energy investment contracts;Concession Agreements;political risk;Host State;Turkey;Alien Investor;Azerbaijan;HGAs;FDI Law;direct expropriation;Project Finance Lenders;bilateral investment treaties;Energy Resources;regulatory change;energy projects;Human Rights Undertaking;contractual terms;Political Risk Insurance;Environment;United Mexican States;Human rights;Political Risk Insurers;energy law;Bit Model;energy sector;ICSID Tribunal;international energy law;Permanent Sovereignty;energy investment projects;Azerbaijan Republic;host state agreements;BTC Project;Turkish Legal System;NAFTA Tribunal;ECAs;Risk Service Contracts;Arbitral Tribunals;Police Power Doctrine
Acknowledgements
List of abbreviations
PART I
Political risks in the energy sector
1 Introduction and framework of the research
Introduction
Expropriation or nationalisation?
Why are stabilisation clauses a controversial issue?
Host government agreements
Objectives and scope of the research
The gap in conventional literature
Research questions
Methodology
Overview of Azerbaijan and Turkey
Baku-Tbilisi-Ceyhan crude oil pipeline project: timeline, importance and issues
Structure of the book
2 Indirect expropriation
Introduction
Distinguishing between direct and indirect expropriation
The types of host state measures that may constitute indirect expropriation
Criteria for the distinction between legitimate regulation (noncompensable regulation) and indirect expropriation
Sole effect versus police power
Bilateral investment treaties of Azerbaijan and Turkey and their treaty provisions concerning indirect expropriation
Tools for mitigating indirect expropriation risk
Conclusions
PART II
Mitigating political risks through stability provisions
3 Stabilisation clauses
Introduction
General implications of stabilisation clauses
Typologies of stabilisation clauses
Legal importance and functional value of stabilisation clauses
Do stabilisation provisions constitute a threat to environmental protection and human rights?
The BTC pipeline project (I): reactions to the project
Conclusion
4 Lenders, risk insurers and rating agencies
Introduction
The main financial institutions in project financing
The role of lenders in inclusion of stabilisation clauses
Political risk insurance providers
The role of political risk insurance providers in the inclusion of stabilisation clauses
Credit rating agencies
The role of credit rating providers in the inclusion of stabilisation clauses
Baku-Tbilisi-Ceyhan pipeline project (II)
Conclusions
5 Political systems and laws on foreign investment in Azerbaijan and Turkey
Introduction
Azerbaijan
Turkey
A comparison of guarantees available under FDI laws and political regimes in Azerbaijan and Turkey
Conclusions
PART III
Conclusion and recommendations
6 Conclusions and recommendations
The research findings and conclusions
Recommendations
Index
List of abbreviations
PART I
Political risks in the energy sector
1 Introduction and framework of the research
Introduction
Expropriation or nationalisation?
Why are stabilisation clauses a controversial issue?
Host government agreements
Objectives and scope of the research
The gap in conventional literature
Research questions
Methodology
Overview of Azerbaijan and Turkey
Baku-Tbilisi-Ceyhan crude oil pipeline project: timeline, importance and issues
Structure of the book
2 Indirect expropriation
Introduction
Distinguishing between direct and indirect expropriation
The types of host state measures that may constitute indirect expropriation
Criteria for the distinction between legitimate regulation (noncompensable regulation) and indirect expropriation
Sole effect versus police power
Bilateral investment treaties of Azerbaijan and Turkey and their treaty provisions concerning indirect expropriation
Tools for mitigating indirect expropriation risk
Conclusions
PART II
Mitigating political risks through stability provisions
3 Stabilisation clauses
Introduction
General implications of stabilisation clauses
Typologies of stabilisation clauses
Legal importance and functional value of stabilisation clauses
Do stabilisation provisions constitute a threat to environmental protection and human rights?
The BTC pipeline project (I): reactions to the project
Conclusion
4 Lenders, risk insurers and rating agencies
Introduction
The main financial institutions in project financing
The role of lenders in inclusion of stabilisation clauses
Political risk insurance providers
The role of political risk insurance providers in the inclusion of stabilisation clauses
Credit rating agencies
The role of credit rating providers in the inclusion of stabilisation clauses
Baku-Tbilisi-Ceyhan pipeline project (II)
Conclusions
5 Political systems and laws on foreign investment in Azerbaijan and Turkey
Introduction
Azerbaijan
Turkey
A comparison of guarantees available under FDI laws and political regimes in Azerbaijan and Turkey
Conclusions
PART III
Conclusion and recommendations
6 Conclusions and recommendations
The research findings and conclusions
Recommendations
Index
Este título pertence ao(s) assunto(s) indicados(s). Para ver outros títulos clique no assunto desejado.
Stabilisation Clauses;Indirect Expropriation;energy investment contracts;Concession Agreements;political risk;Host State;Turkey;Alien Investor;Azerbaijan;HGAs;FDI Law;direct expropriation;Project Finance Lenders;bilateral investment treaties;Energy Resources;regulatory change;energy projects;Human Rights Undertaking;contractual terms;Political Risk Insurance;Environment;United Mexican States;Human rights;Political Risk Insurers;energy law;Bit Model;energy sector;ICSID Tribunal;international energy law;Permanent Sovereignty;energy investment projects;Azerbaijan Republic;host state agreements;BTC Project;Turkish Legal System;NAFTA Tribunal;ECAs;Risk Service Contracts;Arbitral Tribunals;Police Power Doctrine