The Future of Environmental Law. Ambition and Reality

0575105 - ÚSP 2024 RIV GB eng M - Část monografie knihy
Feigerlová, Monika
Renewables under the scrutiny of international investment law: the feed-in tariff.
The Future of Environmental Law. Ambition and Reality. Cheltenham: Edward Elgar Publishing, 2023 - (Weishaar, S.; de Graaf, K.), s. 141-157. ISBN 978-1-03531-463-8
Grant ostatní: AV ČR(CZ) LQ300682001
Program: Prémie Lumina quaeruntur
Institucionální podpora: RVO:68378122
Klíčová slova: renewable sources of energy * international investment law * international investment agreements * feed-in-tariff * fair and equitable treatment
Obor OECD: Law

Environmental law is evolving from negotiating and prescribing environmental policies to enforcing time-bound, measurable and achievable goals in order to secure a sustainable future. The book analyses the legal instruments that have been successful in working towards requisite targets for ecological sustainability. As an essential prerequisite to successfully addressing the climate change crisis is to make progress in the area of energy transitions, my chapter focuses on renewable energy support in the form of feed-in-tariffs that offer investors payment schemes for a determined period of time. Renewable energy incentives and their termination or alteration, even if compliant with national law, can contravene state commitments arising from international investment agreements. The chapter examines the international investment tribunal awards rejecting claims challenging the introduction of a Czech solar levy and tracks the development in modern investment treaty drafting which seeks to limit investors’ rights arising from the fair and equitable treatment standard being the basis of these investment claims. This should provide more clarity on the scope of protection and limit states’ exposure to investment claims.
Trvalý link: https://hdl.handle.net/11104/0344962