The Impact of International Investment Agreements on Energy Regulation

Abstract

International energy law and international investment law share much of a common history: Some of the first expropriation cases which were adjudicated by arbitration tribunals on the basis of international law concerned the expropriation of foreign investments relating to the production of oil. Tensions and disputes between energy investors and host state governments continued to remain on the agenda of investment arbitration tribunals throughout the decades and form a prominent part of the case law of these judicial bodies. More than a third of all investment disputes adjudicated under ICSID can be classified as energy-related disputes.