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

Jason Rudall

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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

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Jason Rudall

Jason Rudall
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Type:: Chapter

Pages:: 87–111

DOI:: https://doi.org/10.1163/9789004719934_005

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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.

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Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 41, 2023

Series: Chinese (Taiwan) Yearbook of International Law and Affairs, Volume: 41

E-Book ISBN:: 9789004719934

Publisher:: Brill | Nijhoff

Print Publication Date:: 20 Dec 2024

Subjects
- International Law
  - International Law: General Interest
  - International Law: Regional Perspectives
- International Relations
  - International Relations

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

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Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 41, 2023

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