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Legitimate expectations of green incentives?Arbitral tribunals assessing modification and termination ofclimatechangepolicies
Freya Baetens
CONFERENCEBridgingtheClimateChange Policy Gap:The Role of International Law and ArbitrationStockholm Chamber of Commerce,21 November 2016
Combating climate change
Creating a stable business environment
Ensuring the optimal use of resources
Regime interaction
Combating climate change through the promotion of renewable energy investment
United Nations Framework Convention on Climate Change (1994)Kyoto Protocol (2005): Flexible Mechanismsprivate investmentJointImplementationClean DevelopmentMechanismEmissions TradingDoha Amendment to the Kyoto Protocol (2012)Paris Agreement (2015)Local implementation:EU Renewable Energy Strategy & State aid for renewable energy projectsOther schemes, e.g. Canada and India
Dispute settlement?
Core question today
Permitted as WTO subsidies but prohibited as EU State aid?Legitimate expectations of a stable business environment under the IIA but not under the EU general principles?Unnecessary from a WTO perspective to secure compliance with climate change laws or regulations?
Legitimate expectationsunderthe IIA but not under the EU general principles?
Legitimate expectationsunderthe IIA but not under the EU general principles?
Applying the IIA standardCustomary law basisWith or without explicit representationConsistent, non-arbitrary and transparent State conductEffect, timeframe and impact of the regulatory changeState intentions and communicationRegulatory stability, legal certainty and availability of recourseEU law in investor-State proceedingsEU law as fact or applicable law?EU law in the renewable energy arbitrations
Aligning objectives
Establishing an international environmental courtTreaty drafting and amendmentAmendment of exiting institutions and agreementsAnticipation of regime interaction in future agreementsInstitutional comityTemporarylispendensPreliminary questions





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