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21. Investor-State Arbitration Between Developed Democratic Countries

Author:
Armand de Mestral
Publication Date:
09-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Investor-state arbitration (ISA), also known as Investor-State Dispute Settlement (ISDS), by which a foreign investor is entitled to sue a state for damages resulting from the alleged violation of an applicable bilateral investment treaty or an investment chapter in a regional trade agreement, has come under scrutiny in many parts of the world. But in no countries has it been subject to greater scrutiny and challenge than in developed democracies. First in Canada and the United States as a result of the adoption of NAFTA Chapter 11, subsequently in the European Union as a result of the adoption of the International Energy Charter, and latterly in other countries such as Australia, critics have alleged that ISA grants an undue privilege to foreign investors whose complaints should be heard by domestic courts instead of panels of international arbitrators. Availability of ISA is in fact worldwide, due to a network of more than 3,200 investment treaties; criticisms have been voiced in different parts of the world and various proposals for change have been made. The criticisms in developed democracies have become sufficiently strong for it to be necessary to raise the question of whether recourse to ISA is appropriate in any form in developed democracies. Armand de Mestral’s paper is the first in the Investor-State Arbitration project. The series of papers will be prepared by leading experts from a number of developed democracies. Each will review the experience of ISA within specific jurisdictions, with a view to understanding the debates that have occurred in each one. The focus of the debate is on developed democracies, but the implications for the whole international community are very much in mind.
Topic:
Development, Energy Policy, Treaties and Agreements, Bilateral Relations, Foreign Direct Investment, and Democracy
Political Geography:
United States and Canada

22. Scaling Clean Energy: Lessons Learned and New Approaches

Author:
Roger Ballentine and Andy Karsner
Publication Date:
03-2014
Content Type:
Working Paper
Institution:
Aspen Institute
Abstract:
We are still in the early stages of a transformation of the U.S. electricity sector into a cleaner, more flexible, more resilient, and more dynamic system. The early history of investment in and adoption of clean energy technologies and practices has been mixed. The venture capital model has proven to be inadequate for scaling up clean energy, and anticipated policy developments have been slow to be realized. The sector-reshaping impact of unconventional gas, uneven capitalization of clean energy companies, and the mixed signals of government policymakers have slowed the march to a more distributed energy economy rooted in the greater use of renewables, the more efficient use of energy, and the optimization of information technologies in the energy sector.
Topic:
Climate Change, Economics, Energy Policy, Industrial Policy, Markets, and Science and Technology
Political Geography:
United States

23. Safety of Crude Oil by Rail

Author:
David Pumphrey, Lisa Hyland, and Michelle Melton
Publication Date:
03-2014
Content Type:
Working Paper
Institution:
Center for Strategic and International Studies
Abstract:
In the last several years, rail has come to play an important role in the transportation of growing U.S. crude oil production. Over the last seven months, a number of serious accidents have resulted in intense review of the safety of shipping large quantities of oil by rail. The focus has been on classification of the oil, the integrity of tank cars, and rail operations. Regulatory processes have been initiated to attempt to deal with these issues in a timely manner. This analysis provides facts that illuminate the players, concerns, current status of regulatory action, as well as the potential issues going forward.
Topic:
Climate Change, Energy Policy, International Trade and Finance, Markets, National Security, and Oil
Political Geography:
United States, Canada, and North America

24. New Energy, New Geopolitics

Author:
Maren Leed, Sarah O. Ladislaw, Jane Nakano, Molly A. Walton, Frank A. Verrastro, Michelle Melton, and Andrew Metrick
Publication Date:
04-2014
Content Type:
Working Paper
Institution:
Center for Strategic and International Studies
Abstract:
In the last nine years, U.S. shale gas and tight oil production has skyrocketed. Between 2005 and 2014, U.S. production of crude oil and natural gas has risen by nearly 65 and 34 percent, respectively, due to tight oil and shale gas development. The shale gas supplies from Pennsylvania alone equal the entire natural gas export capacity of Qatar, the world's second largest natural gas exporter in 2012. And the increase from light tight oil production in places like North Dakota and Texas over the last five years is equivalent to Iraq's current production levels. These increased energy supplies have fed not only national but global markets, helping to offset other market disruptions and stabilize prices, to the benefit of many.
Topic:
Climate Change, Energy Policy, and Markets
Political Geography:
United States, Iraq, and North America

25. Fueling a New Order? The New Geopolitical and Security Consequences of Energy

Author:
Bruce Jones, David Steven, and Emily O'Brien
Publication Date:
04-2014
Content Type:
Working Paper
Institution:
Center on International Cooperation
Abstract:
On December 16, 2013, Prince Turki bin Faisal Al Saud, Saudi Arabia's powerful former intelligence chief, gave an interview to the Wall Street Journal. He was speaking out after a turbulent four months in Middle East and Persian Gulf diplomacy, diplomacy that culminated in an interim nuclear deal between Iran and the major powers. Prince Turki, long a close friend to the United States, used the interview to blast American policy. He was critical of U.S. strategy in the region as a whole, but particularly vehement about leaving Saudi Arabia out of the loop as the United States engaged in secret bilateral diplomacy with Iran. "How can you build trust when you keep secrets from what are supposed to be your closest allies?" he fumed.
Topic:
International Relations, Security, Economics, Energy Policy, International Trade and Finance, and Oil
Political Geography:
United States, Middle East, and Asia

26. The Hard Reality for International Climate Agreements in the United States

Author:
Bill Brownell and Scott Stone
Publication Date:
04-2014
Content Type:
Policy Brief
Institution:
Atlantic Council
Abstract:
The release of the second installment of the Intergovernmental Panel on Climate Change's Fifth Assessment Report on March 31, 2014, provoked the usual calls for urgent and immediate action in response to climate change, including in particular at the international level in the form of a new climate treaty built upon domestic regulatory regimes. Irrespective of whether these calls for action are overly strident or carefully measured, the law plays a central role. In almost any discussion, the breadth and stringency of national and sub-national regulations and the extent to which a treaty can make them “legally binding” assumes paramount importance. But this emphasis on law is misplaced, because it runs headlong into the hard reality that would confront any international climate agreement in the US Senate. And given the soaring use of coal around the world, it also draws attention and resources away from far more achievable opportunities to develop and deploy advanced coal technologies that would allow the world's most abundant, accessible, and affordable energy resource to meet critical energy needs in balance with each country's environmental, economic, and security priorities.
Topic:
Security, Climate Change, Economics, and Energy Policy
Political Geography:
United States and North America

27. Turkish-Iranian Rapprochement and the Future of European and Asian Energy

Author:
Pinar Dost-Niyego and Orhan Taner
Publication Date:
04-2014
Content Type:
Policy Brief
Institution:
Atlantic Council
Abstract:
The recent events in Ukraine have revived the question of European dependence on Russian natural gas. The security of Europe's natural gas supply has been a consistently important issue in Russian-European Union (EU) relations. Russia provided 34 percent of EU gas in 2012, and Russian policies can have a direct impact on EU supplies. After the West-Russian confrontation over Ukraine, a lot has been said about the 'US shale gas revolution' and the possibilities of the United States becoming an energy exporter for future European energy needs. Although US energy independence seems to promise new perspectives for future European energy security, as well as for the balance of power in the Middle East, this is not for this decade. We cannot expect that the European Union would be able to cut off all of its energy relations with Russia, but we can foresee–or at least agree–that the European Union should diversify its natural gas supplies.
Topic:
Security, Foreign Policy, Economics, and Energy Policy
Political Geography:
Russia, United States, Europe, Ukraine, Middle East, and Asia

28. The California REDD+ Experience: The Ongoing Political History of California's Initiative to Include Jurisdictional REDD+ Offsets within Its Cap-and-Trade System

Author:
Jesse Lueders, Cara Horowitz, Ann Carlson, Sean B. Hecht, and Edward A. Parson
Publication Date:
11-2014
Content Type:
Working Paper
Institution:
Center for Global Development
Abstract:
For the last several years, California has considered the idea of recognizing, within its greenhouse gas cap-and-trade program, offsets generated by foreign states and provinces through reduced tropical forest destruction and degradation and related conservation and sustainability efforts, known as REDD+. During their deliberations on the issue, state policymakers have heard arguments from stakeholders in favor of crediting REDD+ offsets, and those against. After years of planning and cooperative efforts undertaken with states in Brazil, Mexico, and elsewhere, California is still determining whether to embrace REDD+ offsets. The most salient and potentially persuasive arguments in favor stem from the opportunity to influence and reduce international forest-related emissions contributing to climate change, while simultaneously reducing the costs imposed by the state's climate change law. The state is still grappling, however, with serious questions about the effectiveness of REDD+ in addressing climate change, as well as the impacts of REDD+ on other social and environmental objectives. The suitability of the state's cap-and-trade program as a tool for reducing emissions outside the state, given the co-benefits that accrue to local communities from in-state reductions, remains another key area of debate. The outcome of this policy discussion will depend on interrelated questions of program design, future offset supply and demand, and the weight given to the importance of prioritizing in-state emissions reductions and co-benefits.
Topic:
Climate Change, Energy Policy, Environment, and Natural Resources
Political Geography:
United States, Brazil, California, and Mexico

29. Produced Water: Asset or Waste?

Author:
Blythe Lyons
Publication Date:
05-2014
Content Type:
Working Paper
Institution:
Atlantic Council
Abstract:
US national security is enhanced by energy security. The United States is enjoying a unique opportunity to bolster its energy security by increasing domestic production of oil and gas resources. The recent explosion in domestic unconventional production will allow an expanded bandwidth of US responses to the turmoil in the Middle East and Europe. If further exploited, the move toward energy self-sufficiency also gives the United States a cushion to reassess its global strategic policies. Expanding the domestic resource base further provides the United States with an industrial advantage in global commerce.
Topic:
Energy Policy, International Trade and Finance, National Security, and Oil
Political Geography:
United States, Europe, and Middle East

30. What Drove the Mid-2000s' Explosiveness in Alternative Energy Stock Prices? Evidence from US, European and Global Indices

Author:
Pierre Siklos, Martin T. Bohl, and Philipp Kaufmann
Publication Date:
07-2014
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Soaring prices in European alternative energy stocks and their subsequent tumble have attracted attention from both investors and academics. This paper extends recent research to an international setting and analyzes whether the explosive price behaviour of the mid-2000s was driven by rising crude oil prices and an overall bullish market sentiment. Inflation-adjusted US alternative energy stock prices do not exhibit signs of explosiveness. By contrast, we find strong evidence of explosive price behaviour for European and global sector indices, even after controlling for a set of explanatory variables. Interestingly, while the sector indices plunged with the outbreak of the global financial crisis, idiosyncratic components continued to rise and did not start to decline until after world equity markets had already begun to recover in 2009. This finding suggests a substantial revaluation of alternative energy stock prices in light of intensifying sector competition and shrinking sales margins, and casts some doubts on the existence of a speculative bubble. Nevertheless, this paper observes temporary episodes of explosiveness between 2005 and 2007 followed by rapid collapses, indicating the presence of some irrational exuberance among investors.
Topic:
Economics, Energy Policy, Oil, and Natural Resources
Political Geography:
United States and Europe