Feeds:
Posts
Comments

Archive for the ‘Uncategorized’ Category

JWELB - Cover - Page1.jpg

 

JWELB - Inside - Page2

JWELB - Table of Contents

 

SPECIAL ISSUE

JOURNAL OF WORLD ENERGY LAW AND BUSINESS (JWELB)

OXFORD UNIVERSITY PRESS

Volume 8, Issue 6, December 2015

(Advance Access Publication on November 2015)

Sustainable Energy and National Security: Arbitration and Negotiation Issues

Edited by

Paolo Farah

 

Fundamental trends in the European Union and the world at large provide an increasingly important policy agenda for financing sustainable energy in terms of energy efficiency, innovation in energy exploitation and development of renewable resources. During the four years Marie Curie IRSES Programme “Evaluating Policies for Sustainable Energy Investments: towards an integrated approach on national and international stage” (EPSEI) funded by the European Commission a research partnerships between European research organisations and research organisations from crucial world regions, mainly China and Russian Federation, was developed. This Special Issue is devoted to the international trends in sustainable energy and their effects on energy security at the national level. Such technical, legal and policy-related matters affect multiple parties and interests. Resolution of disputes may require coordination of multiple governmental authorities and private entities. Arbitration and negotiation can represent a way to effectively combine several points of view about economic interests and environmental concerns.

This Special Issue is part of the results of the Research Team at gLAWcal – Global law Initiatives for Sustainable Development (United Kingdom) coordinated by Prof. Paolo Davide Farah, in the frame of the Project EPSEI. The research leading to these results has received funding from the People Programme (Marie Curie Actions) of the European Union’s Seventh Framework Programme (FP7/2007–13) under REA grant agreement no 269327 Acronym of the Project: EPSEI (2011–15) entitled ‘Evaluating Policies for Sustainable Energy Investments: Towards an Integrated Approach on National and International Stage’. Corresponding Author and Special Issue Guest Editor contact details: paolofarah@yahoo.com

TABLE OF CONTENTS

  1. Paolo Davide FARAH (West Virginia University, Department of Public Administration and College of Law, USA, gLAWcal – Global Law Initiatives for Sustainable Development, United Kingdom; EPSEI Vice-coordinator & EU Marie Curie Fellow in the EPSEI Programme at Tsinghua University Law School, THCEREL – Center for Environmental, Natural Resources & Energy Law, China)

Editorial Note – Sustainable Energy Investments and National Security: Arbitration and Negotiation Issues

To download the Full Text click here

 

  1. Fernando DIAS SIMÕES (University of Macau, Faculty of Law, China & gLAWcal – Global Law Initiatives for Sustainable Development, United Kingdom)

Powered by Expertise: Selecting Arbitrators in Energy Disputes

Abstract:

Arbitration is the most widely used dispute resolution method in the energy sector. A major advantage of arbitration is that it allows parties to select the persons who will settle the dispute—the arbitrators. However, finding meaningful information on the level of expertise of potential arbitrators is not easy. There are serious information asymmetries that prevent the market for arbitrator services from being fully competitive and impair parties’ ability to make wholly informed decisions. Because most parties and their counsels are not familiar with the market for arbitrators, they tend to rely on personal enquiries and generic or specific directories of arbitrators. The choice of a suitable arbitrator is critical, not merely from the parties’ point of view but also to ensure the efficiency and legitimacy of the overall system of dispute resolution. Arbitrators should be able to balance a variety of diverse interests that frequently go beyond the strict concerns of the disputing parties. This article argues that lists of energy arbitrators should be improved so as to allow interested parties to consult prior awards rendered by potential arbitrators and the feedback provided by previous users of their services. This would allow parties to conduct a more efficient screening of potential candidates, hopefully contributing to make the process of identification of expert energy arbitrators easier and cheaper.

To download the Full Text click here

 

  1. JUN Xiao (Wuhan University, Law School, Institute of International Law, China & EU Commission Marie Curie Fellow in the EPSEI Programme at University of Turin Law School, Italy)

How Can a Prospective China-EU BIT Contribute to Sustainable Investment: In Light of the UNCTAD Investment Policy Framework for Sustainable Development

Abstract:

At present, the issue of bilateral investment treaties (BIT) is gaining more and more importance worldwide, because of various projects requiring effective financial flow, being globally initiated. This article tries to analyse the particularities of the BITs between China and Canada (China–Canada BIT), as well as between the European Union (EU) and Canada (investment chapter of the Comprehensive Economic and Trade Agreement, CETA) to locate and emphasize some of the basic features applicable for a future investment protection oriented agreement involving China and the EU. Furthermore, the scope of United Nations Conference on Trade and Development (UNCTAD)’s Investment Policy Framework for Sustainable Development (IPFSD) broadens the view on International Investment Agreements in general, helping the assessment of their provisions from a sustainability aspect. The article also covers some of the areas of dispute settlement, its main goal being to make complex suggestions to the constantly forming international investment policy of China, potentially contributing to the pressurization of sustainable development.

To download the Full Text click here

 

  1. ZHANG Qinglin (Wuhan University, Law School, Institute of International Law, China & EU Commission Marie Curie Fellow in the EPSEI Program at University of Turin Department of Law, Italy);

Analysis of the Impact on Sustainable Development by Investment Regulations in the Energy Charter Treaty

Abstract

The Energy Charter Treaty is an important multilateral treaty for promoting international energy cooperation. Sustainable development is one of its purposes. The investment regulations of the Treaty have emphasized protecting the investors’ interests, which has potentially both positive and negative influence on sustainable development. To achieve the aim of sustainable development and to attract more countries’ participation in the Treaty, the Treaty should increase its transparency and give differential treatment to developing countries. This article seeks to analyse these concerns and offer some wider conclusions regarding the particular improvement which can be carried out to increase the level of investment protection, while maximizing sustainable development simultaneously.

To download the Full Text click here

  1. Paolo Davide FARAH (West Virginia University, Department of Public Administration and College of Law, USA, gLAWcal – Global Law Initiatives for Sustainable Development, United Kingdom; EPSEI Vice-coordinator & EU Marie Curie Fellow in the EPSEI Programme at Tsinghua University Law School, THCEREL – Center for Environmental, Natural Resources & Energy Law, China). Riccardo TREMOLADA (University of Naples Federico II Law School, Italy, Shanghai JiaoTong University Law School & EU Marie Curie Fellow in the EPSEI Programme at CRAES – Chinese Research Academy on Environmental Sciences, China)

Offshore Natural Gas Resources in the Eastern Mediterranean in Relations to the European Union: a Legal Perspective through the Lenses of MedReg

Abstract

The Leviathan natural gas field has become a significant energy source for surrounding states in the eastern Mediterranean such as Lebanon, Cyprus, Syria, Israel, Jordan and Turkey. Tensions in the particular area cause this resource to be exploited on a low efficiency level both when it comes to utilization and organized cooperation between states helping their economies to benefit from the trade in this natural resource. This article analyses the current tendencies towards the expansion of the regulatory frameworks already functional in Mediterranean states west of the Levantine basin and simultaneously aims to give an assessment of these efforts. The main goal is to thoroughly evaluate the appropriateness of the existing cooperative methods and legal solutions regarding energy trade on an open market between developed states for countries with different political interests in a highly unstable area of constant sociological and political turbulence.

To download the Full Text click here

 

  1. DENG Haifeng (Tsinghua University Law School, THCEREL – Center for Environmental, Natural Resources & Energy Law, China & EU Commission Marie Curie Fellow in the EPSEI Programme at gLAWcal – Global Law Initiatives for Sustainable Development, United Kingdom and University of Turin Department of Law Italy); Paolo Davide FARAH (West Virginia University, Department of Public Administration and College of Law, USA, gLAWcal – Global Law Initiatives for Sustainable Development, United Kingdom; EPSEI Vice-coordinator & EU Marie Curie Fellow in the EPSEI Programme at Tsinghua University Law School, THCEREL – Center for Environmental, Natural Resources & Energy Law, China), WANG Anna (Tsinghua University Law School, THCEREL – Center for Environmental, Natural Resources & Energy Law, China).

China’s Role and Contribution in the Global Governance of Climate Change: Institutional Adjustments for Carbon Tax Introduction, Collection and Management in China

Abstract

As global climate change and its adverse effects have caused serious consequences, the Chinese Government is speeding up on energy saving and emissions reductions, becoming much more active on the climate and environment front. According to the work schedule of the Ministry of Finance, construction of the environmental protection tax system is one essential part of the forthcoming green tax reform in China. On 10 June 2015, the Cabinet’s Legislative Affairs Office issued a Draft Environmental Protection Tax Law of the People’s Republic of China (hereinafter referred to as the ‘Draft EPT Law’) to solicit opinions and comments. This action received much attention and prompted discussion both at home and abroad. The Draft EPT Law shows the trend of transforming pollution charges into tax, and starts a green reform in administrative management by means of financial tools. Though the law does not include carbon dioxide with taxable pollutants, it leaves space for future carbon taxation. With the increase of green reform in the future, carbon tax will no doubt be put on the priority list of the Chinese Government, at which point the Government will face three major challenges. First, the current unsatisfactory tax system environment will jeopardize carbon tax. It is necessary to repeal the overlaps between the Draft EPT Law and carbon tax, other energy taxes and non-environmental taxes, and introduce carbon tax into the current tax system without throwing off the order of the overall tax structure. Secondly, in spite of the design of the new tax structure, the administrative organization of tax management remains a very critical problem. It will be necessary to establish an orderly interactive relationship horizontally between the environmental agency and tax agency, and vertically between the central and the local authorities. Thirdly, a new carbon tax will cause economic slowdown in the short term. In addition to offering tax rebates, reductions and subsidies, a system of penalties could offset negative effects and optimize positive outcomes of emission reduction.

To download the Full Text click here

 

SUGGESTED CITATION:

Paolo Davide FARAH, “Sustainable Energy Investments and National Security: Arbitration and Negotiation Issues”, JOURNAL OF WORLD ENERGY LAW AND BUSINESS, OXFORD UNIVERSITY PRESS, Volume 8, Issue 6, December 2015, (Advance Access Publication on November 2015). The Full Text is available at: http://academic.oup.com//jwelb/article/8/6/497/2578664/Sustainable-energy-investments-and-national?guestAccessKey=606c52be-4e79-45b9-a9c9-fa14be82460b

 

Fernando DIAS SIMÕES, “Powered by Expertise: Selecting Arbitrators in Energy Disputes”, JOURNAL OF WORLD ENERGY LAW AND BUSINESS, OXFORD UNIVERSITY PRESS, Volume 8, Issue 6, December 2015, (Advance Access Publication on November 2015). The Full Text is available at: http://academic.oup.com//jwelb/article/8/6/501/2578652/Powered-by-expertise-selecting-arbitrators-in?guestAccessKey=8ba9d534-4803-4eec-bbeb-603744d294d8

Xiao JUN, “How Can a Prospective China-EU BIT Contribute to Sustainable Investment: In Light of the UNCTAD Investment Policy Framework for Sustainable Development”, JOURNAL OF WORLD ENERGY LAW AND BUSINESS, OXFORD UNIVERSITY PRESS, Volume 8, Issue 6, December 2015, (Advance Access Publication on November 2015). The Full Text is available at: http://academic.oup.com//jwelb/article/8/6/521/2578657/How-can-a-prospective-ChinaEU-BIT-contribute-to?guestAccessKey=aae79b3f-e8dd-45c0-91cb-318fab14c516

Qinglin ZHANG, “Analysis of the Impact on Sustainable Development by Investment Regulations in the Energy Charter Treaty”, JOURNAL OF WORLD ENERGY LAW AND BUSINESS, OXFORD UNIVERSITY PRESS, Volume 8, Issue 6, December 2015 (Advance Access Publication on November 2015). The Full Text is available at: http://academic.oup.com//jwelb/article/8/6/542/2578660/Analysis-of-the-impact-on-sustainable-development?guestAccessKey=38c038b4-a140-4e41-9e75-1e95d360e905

Paolo Davide FARAH, Riccardo TREMOLADA, “Offshore Natural Gas Resources in the Eastern Mediterranean in Relations to the European Union: a Legal Perspective through the Lenses of MedReg”, JOURNAL OF WORLD ENERGY LAW AND BUSINESS, OXFORD UNIVERSITY PRESS, Volume 8, Issue 6, December 2015 (Advance Access Publication on November 2015). The Full Text is available at: http://academic.oup.com//jwelb/article/8/6/559/2578662/Offshore-natural-gas-resources-in-the-eastern?guestAccessKey=5b48917c-95f4-4b2b-ba0b-56254694fbae

Haifeng DENG, Paolo Davide FARAH, Anna WANG, “China’s Role and Contribution in the Global Governance of Climate Change: Institutional Adjustments for Carbon Tax Introduction, Collection and Management in China”, JOURNAL OF WORLD ENERGY LAW AND BUSINESS, OXFORD UNIVERSITY PRESS, Volume 8, Issue 6, December 2015 (Advance Access Publication on November 2015). The Full Text is available at: Toll-Free Link: http://academic.oup.com//jwelb/article/8/6/581/2578668/Chinas-role-and-contribution-in-the-global?guestAccessKey=4cc75da9-e7d0-44d6-b92d-01ed40042d09

SSRN

Paolo Davide FARAH, “Sustainable Energy Investments and National Security: Arbitration and Negotiation Issues”, JOURNAL OF WORLD ENERGY LAW AND BUSINESS, OXFORD UNIVERSITY PRESS, Volume 8, Issue 6, December 2015, (Advance Access Publication on November 2015). http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2695579

 

Advertisements

Read Full Post »

Conference - University of Macau - 16 December 2015

Conference - University of Macau - 16 December 2015 - Page 2

Conference - University of Macau - 16 December 2015 - Page 3

On December 16, 2015, gLAWcal in partnership with University of Macau, Faculty of Law (China) organized an International Conference on “Consumer Policy in China: New Trends and Challenges”. This conference is part of the research project entitled ‘Consumer Policy in China: Protecting the Citizens, Strengthening the Domestic Market and Building an Ecological Civilization’ (Research Project funded by the University of Macau, Project Reference MYRG2015-00219-FLL).

The pdf program can be found here: Conference Program – University of Macau – 16 December 2015 – Consumer Policy in China: New Trends and Challenges

International Conference
Consumer Policy in China: New Trends and Challenges

16 December 2015
Faculty of Law of the University of Macau (Building E32), Room G020

PROGRAMME

8:30 – 9:00 Registration
9:00 – 09:15 Welcome and opening remarks

John Shijian Mo, Dean and Professor, Faculty of Law, University of Macau
Fernando Dias Simões, Faculty of Law, University of Macau

09:15 – 10:45 Session I: Consumer Policy in China: Setting the Scene
Chair: Augusto Teixeira Garcia, Associate Dean, Faculty of Law, University of Macau

Chinese Consumer Policy and the Development of an Ecological Civilization – Fernando Dias Simões, Faculty of Law, University of Macau

Construction of Consumer Law in Transitional China – Jia Yao, Institute of Law, Chinese Academy of Social Sciences

10:45 – 11:00 Coffee Break

11:00 – 13:00 Session II: Consumer Policy and Sustainable Development
Chair: Rostam J. Neuwirth, Faculty of Law, University of Macau

Consumer Policy: Trade and Investment Rules as Competition Policy – Danny Friedmann and Julien Chaisse, Faculty of Law, Chinese University of Hong Kong

The Global Governance of Food Security and Consumer Protection in the Light of Principles of Sustainable Development – Paolo Davide Farah, West Virginia University (United States of America) & gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom)

Consumer Protection and Environmental Governance in China – Bryan Druzin, Faculty of Law, Chinese University of Hong Kong
13:00 – 14:30 Lunch
14:30 – 16:00 Session III: Consumer Policy and Product Safety
Chair: Guangjian Tu, Faculty of Law, University of Macau

Chinese rules on Product Safety from the Perspective of EU Law and the International Cooperation –Mateja Durovic, School of Law, City University of Hong Kong

Off-label Prescription in China: What can Chinese Consumers expect from the Law? – Vera Lúcia Raposo, Faculty of Law, University of Macau

16:00 – 16:15 Coffee Break
16:15 – 17:45 Session IV: Consumer Policy and Intellectual Property Rights
Chair: Sten I. Verhoeven, Faculty of Law, University of Macau

Intellectual Property Rights and the Rise of a Consumer Society – James M. Cooper, California Western School of Law, San Diego (United States of America)

Issues of Counterfeit Drugs in China: Patient’s Right as Consumers – Jerry I-H Hsiao, Faculty of Law, University of Macau

17:45 – 18:00 Closing remarks
Organizing Committee

Fernando Dias Simões (University of Macau)
Paolo Davide Farah (West Virginia University & gLAWcal – Global Law Initiatives for Sustainable Development)
Julien Chaisse (Chinese University of Hong Kong)

This conference is part of the research project led by Professor Fernando Dias Simões entitled ‘Consumer Policy in China: Protecting the Citizens, Strengthening the Domestic Market and Building an Ecological Civilization’ (Research Project funded by the University of Macau, Project Reference MYRG2015-00219-FLL).

Read Full Post »

Paolo Davide Farah, “OPEC Production Quotas and the World Trade Organization”, Scholarly Workshop held at the Institute of International Economic Law – IIEL of Georgetown University Law Center, Washington DC, January 30, 2015.

image (6)    IIEL Picture 30 January 2015 2

 

Read Full Post »

University of Granada Logo

Paolo Davide Farah, “The Recent WTO Case Law on Subsidies to Renewable Energy”, Paper Presentation at the International Conference “The Reform of International Economic Governance” organized by the Research Project “International Law and the New Governance after the Economic Crisis” and the Department of Public International Law, University of Granada, Spain, 9-10 October 2014

The pdf program of the conference can be downloaded here: Conference Program – The Reform of the International Economic Governance – University of Granada, 9-10 October 2014

‘THE REFORM OF INTERNATIONAL ECONOMIC GOVERNANCE’

INTERNATIONAL CONFERENCE

University of Granada, 9-10 October 2014

Organized by the Research Project

“International Law and the New Governance after the Economic Crisis”

and the

Department of Public International Law

1) The reform of the financial architecture, October 9, 2014

9:00 h. Opening Address.
9:15 h. Professor Rosa M. Lastra, Queen Mary University of London: “Do we need a world financial organisation?”.
10:30 h. Coffee Break.
10:50 h. – Matthias Goldman, Max Planck Institute for Comparative Public Law and International Law: “The Diverging Rationalities of Public Finance and Law: Towards a Deliberative Approach in Monetary, Debt, and Banking Regulation”.
– Nizan Geslevich Packin, Zicklin School of Business, Baruch College, City University New York: “Supersize Them? Large Banks, Taxpayers and the Subsidies that Lay Between”.
12:00 h. Professor Charles Goodhart, London School of Economics: “A critical evaluation of Bail-in as a Bank Recapitalisation Mechanism”.
13:30 h. Lunch Break.
16:00 h. Professor Kern Alexander, University of Zurich & Member of the European Parliament’s Expert Committee on Financial Services: “Stability and Sustainability in International Banking Regulation”.
17:15 h. Coffee Break.
17:35 h. – David Zaring, Wharton School of the University of Pennsylvania: “A Paradigm of Global Financial Regulation”.
– Vassilis Paliouras, University of Technology, Sydney School of Law: “State of Necessity and Sovereign Insolvency”.
– Mika Viljanen, University of Turku: “Where is banking regulation made after the crisis?”.
– Manga Kuoh, Former Staff IMF and WB, and Counselor, “Globalization and Financial Architecture Reform: An African Perspective”.

2) The reform of the trading regime, October 10, 2014

9:00 h. Professor Friedl Weiss, University of Vienna: “The WTO – A Suitable Case for Treatment. Is it ‘reformable’?”.
10:15 h. Coffee Break.
10:35 h. – Valentina Vadi, Lancaster University: “A History of Success? Judicial Governance and Proportionality in International Economic Law”.
– Catharine Titi, Université Panthéon-Assas Paris II : “Reform of international economic governance: economic crises, sovereign debt restructurings and the shifting landscape of international investment law”.
– Carolina Palma, University of Costa Rica: “The role of WTO, FAO and OECD in addressing food security: a case of multilevel governance”.
12:00 h. Coffee Break.
12:20 h. – Paolo Farah, West Virginia University: “The Recent WTO Case Law on Subsidies to Renewable Energy”
– Jenya Grigorova, University of Paris I, Panthéon-Sorbonne: “The international trading regime and the regulation of trade in energy resources. Is reform necessary and is a new Energy Agreement within the WTO framework the way to go?”.
13:30 h. Lunch Break.
16:00 h. Professor Andrew Lang, London School of Economics: “The Space for Reform”.
17:15 h. Coffee Break.
17:35 h. – Chios Carmody, University of Western Ontario: “On Interdependence: the WTO and the Made in the World (MIWI) Initiative”.
– Gregory Messenger, University of Oxford: “Reforming the Law and Institutions of the WTO: the Dangers of Unexpected Consequences”.
18:30 h. Closing Address.

The pdf program of the conference can be downloaded here: Conference Program – The Reform of the International Economic Governance – University of Granada, 9-10 October 2014

University of Granada Logo

Picture Panel Conference Granada

Read Full Post »

Paolo Davide Farah, “Eurasian Economic Community and the WTO”, Paper to be presented at European Society of International Law (ESIL) International Legal Theory Interest Group’s Conference “The Approaches of Liberal and Illiberal Governments to International Law. A Conference Marking 25 Years from the Collapse of Communist Regimes in Central and Eastern Europe”, University of Tartu, Tallinn, Estonia, 12-13 June 2014

To download the Full Programme: European Society of International Law – Conference University of Tartu, Tallin, 12-13 JUNE 2014

Read Full Post »

Paolo Davide Farah, “Shale Gas in China: A Comparison With Unconventional Fuel Development in the United States: Health, Water and Environmental Risks”, Paper presented at the Workshop on “Legal Risk Management in International Economic Law”, ACIL – Global TranSAXion , Amsterdam University, Faculty of Law, Amsterdam, The Netherlands, 6th December 2013

 

Read Full Post »

“Energy Trade and the WTO: Implications for Renewable Energy and the OPEC Cartel” (with Elena Cima), JOURNAL OF INTERNATIONAL ECONOMIC LAW, Georgetown University Law Center, published by OXFORD UNIVERSITY PRESS, Volume 16 (3), September 2013, ISSN 1369-3034, pp. 707-740.  Social Science Citation Index – SSCI – Impact factor: 0.985 ; 5-Yr impact factor: 0.837.

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2330416

http://jiel.oxfordjournals.org/content/early/2013/09/02/jiel.jgt024.abstract#xref-corresp-2-1

Abstract:

Energy has become increasingly important in international trade relations. However, the World Trade Organization (WTO) does not deal specifically with this sector, and this creates several problems when it comes to regulating trade in energy goods and services. The situation is further complicated, on the one hand, by the need to foster the diffusion of renewable energy to address the current environmental concerns and, on the other, by the total and overwhelming control exercised by the Organization of Petroleum Exporting Countries (OPEC) over the oil market.
It is true that, recently, the WTO has shown an increasingly open approach towards environmental issues. However, free trade is still the backbone of the Organization and trade liberalization its main goal. This explains why the WTO Panel and Appellate Body are still reluctant to justify measures adopted to support the renewable energy sector that may conflict with international trade law.
Different might be the case with fossil fuels, the main competitor of renewable energy. OPEC exploits several strategies to control oil prices, which, at least in theory, clash with international trade rules. However, whatever the reason, such practices have never been challenged in front of the WTO. The way WTO provisions are interpreted and applied by the Panel and the Appellate Body when environmental concerns are involved can be used as a starting point to forecast a hypothetical judgment in case OPEC’s practices were eventually challenged.

Keywords:  WTO, International law, Trade, OPEC, Energy, Environment, Subsidies

JEL Classification: K33, K32, F02, H23, L95, L50, L55, N70, N75, Q20, Q28, Q30, Q32, Q38, Q40, Q48

Accepted Paper Series 

Read Full Post »

Older Posts »