Volker Roeben - Böcker

This book covers international investment law and investor-state dispute settlement in the energy transition era.The Paris Agreement makes it clear that we need a climate-resilient development in order to limit the rise in global average temperature to 1.5℃ pre-industrial levels. International lawyers have caught up to reality and also to understanding the role that the legal framework and legal processes play in causing as well as solving the global climate crisis. Put simply, the energy sector, as well as the overall economy, must become greener. To achieve green transition, foreign direct investments are crucial. With that in mind, this book discusses how economy, environmental policy, and investment protection must work together as an effective global governance tool. This promotes and protects renewable energy investments on the one hand, and aids sustainability on the other. This book underscores key issues in the field and offers an overview of the legal landscape available to achieve the goals set out in the Paris Agreement, which clearly articulates that finance flows should be consistent with a pathway to low greenhouse gas emissions.This book will be of interest to researchers, practitioners, and policy-makers in the field of investment law, energy law and environmental law, in general, and those operating at the intersection of the mentioned, in particular.

The European Union is poised to establish a genuine European Energy Union with the new powers conferred on it by the Lisbon Treaty. Since 2014, it has been developing and implementing an energy strategy that responds to the three overarching priorities of climate change, political security, and economic competitiveness by 2030. The European Energy Union aims to provide secure, sustainable and affordable energy throughout the cycle of production, transport and consumption. This book outlines the legal regime underpinning this regulatory strategy, which integrates EU law with international law and with the law of the member states and affiliated states. It analyses and explains the increasing interaction between these legal orders in achieving the shared objective of transforming the European and global energy systems. This book will appeal to scholars and students of energy law and policy at both European and international levels.

The European Union is poised to establish a genuine European Energy Union with the new powers conferred on it by the Lisbon Treaty. Since 2014, it has been developing and implementing an energy strategy that responds to the three overarching priorities of climate change, political security, and economic competitiveness by 2030. The European Energy Union aims to provide secure, sustainable and affordable energy throughout the cycle of production, transport and consumption. This book outlines the legal regime underpinning this regulatory strategy, which integrates EU law with international law and with the law of the member states and affiliated states. It analyses and explains the increasing interaction between these legal orders in achieving the shared objective of transforming the European and global energy systems. This book will appeal to scholars and students of energy law and policy at both European and international levels.

Global energy is on the cusp of change, and it has become almost a truism that energy is in transition. But what does this notion mean exactly? This book explores the working hypothesis that, characteristically, the energy system requires a strategy of the international community of states to deliver sustainable energy to which all have access. This strategy is for establishing rules-based governance of the global energy value-cycle. The book has four substantive parts that bring together contributions of leading experts from academia and practice on the law, policy, and economics of energy. Part I, ‘The prospects of energy transition’, critically discusses the leading forecasts for energy and the strategies that resource-rich countries may adopt. Part II, ‘Rules-based multilateral governance of the energy sector’, details the development and sources of rules on energy. Part III, ‘Competition and regulation in transboundary energy markets’, discusses principal instruments of rules-based governance of energy. Part IV, ‘Attracting investments and the challenges of multi-level governance’, focuses on the critical governance of the right investments. This book is a flagship publication of the Centre for Energy, Petroleum and Mineral Law and Policy at the University of Dundee. It launches the Hart series ‘Global Energy Law and Policy’ and is edited by the series general editors Professors Peter D Cameron and Volker Roeben, and also Dr Xiaoyi Mu.

Global energy is on the cusp of change, and it has become almost a truism that energy is in transition. But what does this notion mean exactly? This book explores the working hypothesis that, characteristically, the energy system requires a strategy of the international community of states to deliver sustainable energy to which all have access. This strategy is for establishing rules-based governance of the global energy value-cycle. The book has four substantive parts that bring together contributions of leading experts from academia and practice on the law, policy, and economics of energy. Part I, ‘The prospects of energy transition’, critically discusses the leading forecasts for energy and the strategies that resource-rich countries may adopt. Part II, ‘Rules-based multilateral governance of the energy sector’, details the development and sources of rules on energy. Part III, ‘Competition and regulation in transboundary energy markets’, discusses principal instruments of rules-based governance of energy. Part IV, ‘Attracting investments and the challenges of multi-level governance’, focuses on the critical governance of the right investments. This book is a flagship publication of the Centre for Energy, Petroleum and Mineral Law and Policy at the University of Dundee. It launches the Hart series ‘Global Energy Law and Policy’ and is edited by the series general editors Professors Peter D Cameron and Volker Roeben, and also Dr Xiaoyi Mu.

The global energy sector is in flux, transitioning from reliance on fossil fuels to clean energy sources at an unprecedented pace. This book explores the complex interplay between this transition and international investment law. The book navigates the tension between attracting crucial and expensive investments in clean energy and protecting a state’s right to regulate its energy sector for environmental and other reasons. It analyses how international treaties and investment arbitration tribunals are evolving to address these challenges, examining how the scope of investment protection is being redefined and the delicate balance between stability and regulatory flexibility is being recalibrated. The book delves into this complex landscape, exploring how established legal frameworks, especially international investment law, grapple with the unique characteristics of renewable energy, critical minerals, and rapidly evolving technologies. While offering a roadmap for the current energy transition, the book also identifies unanswered questions. It paves the way for further discussion on critical mineral supply chains and the future of international investment law in a transformed energy landscape.

The global energy sector is in flux, transitioning from reliance on fossil fuels to clean energy sources at an unprecedented pace. This book explores the complex interplay between this transition and international investment law. The book navigates the tension between attracting crucial and expensive investments in clean energy and protecting a state’s right to regulate its energy sector for environmental and other reasons. It analyses how international treaties and investment arbitration tribunals are evolving to address these challenges, examining how the scope of investment protection is being redefined and the delicate balance between stability and regulatory flexibility is being recalibrated. The book delves into this complex landscape, exploring how established legal frameworks, especially international investment law, grapple with the unique characteristics of renewable energy, critical minerals, and rapidly evolving technologies. While offering a roadmap for the current energy transition, the book also identifies unanswered questions. It paves the way for further discussion on critical mineral supply chains and the future of international investment law in a transformed energy landscape.

This book aims to capture an exploratory approach to theorising the global legal order. Avoiding any brand loyalty to a particular academic perspective, it brings together scholars who contribute a variety of insights covering quite different topics and viewpoints. It sets itself the target of producing a distinctively legal theory of global phenomena, which is capable of illuminating the path of law as an academic discipline, as it confronts a bewildering array of novel situations and innovative ways of thinking about law. The broad base of perspectives found among the contributors, combined with a helpful commentary from the editors, makes the book an ideal Reader to introduce a subject that is becoming of increasing importance for academics, students and practitioners, in law and related fields.Contents: Introduction, Andrew Halpin & Volker Roeben; Cosmopolitan Legal Orders, H Patrick Glenn; Implications of 'Globalisation' for Law as a Discipline, William Twining; Theorising the Global Legal Order - An Institutionalist Perspective, Stefan Oeter; Incorporating Foreign Legal Ideas through Translation, Ko Hasegawa; Globalisation and Judicial Reasoning: Building Blocks for a Method of Interpretation, Catherine Dupre; Statecraft, Trade and Strategy: Toward a New Global Order, Ari Afilalo & Dennis Patterson; European Union as a Single Working-Living Space: EU Law and New Forms of Intra-Community Migration, Oxana Golynker; The Domestic Enforcement of Supranational Rules: The Role of Evidence in EC Competition Law, Deirdre Dwyer; The UN Declaration on the Rights of Indigenous Peoples: Towards a Global Legal Order on Indigenous Rights?,Stephen Allen; Developing a Framework for Understanding the Localisation of Global Scripts in East Asia, John Gillespie; Governance Through Corruption: Cosmopolitan Complicity, Nicholas Dorn; Decentralised Constitutionalisation in National and International Courts: Reflections on Comparative Law as an Approach to Public Law, Christian Walter; Concluding Reflections, Andrew Halpin & Volker Roeben

Ziel der Untersuchung ist, ein angemessenes Verständnis staatlicher Rechtsetzung in auswärtigen Gegenständen mit Wirkung nach außen und nach innen zu erlangen. Auf diese Rechtsetzung erheben Völkerrecht und nationales Verfassungsrecht einen Regelungsanspruch. Auswärtige Rechtsetzung ist daher als Gegenstand des Völkerrechts und des Verfassungsrechts zu betrachten. Die auswärtige Gewalt des vom Grundgesetz verfaßten Staates ist mithin öffentliche Gewalt eines Verfassungsstaates im vollen Sinne, also gesetzgebend, vollziehend und rechtsprechend, mit Wirkung nach außen und nach innen. Das kann mit dem Begriff des Außenverfassungsrechts erfaßt werden. Die Verfassung stellt neben den innerstaatlichen einen auswärtigen (völkerrechtlichen) Rechtsetzungsprozeß. Beide unterliegen konsistenter Verfassungsbindung. Die Untersuchung gliedert sich in sieben Teile. Zunächst stellt Volker Röben die Rechtsetzung im differenzierten Völkerrecht dar, um die eine Seite des normativen Rahmens auswärtiger Rechtsetzung zu beleuchten. Anschließend zeigt er die andere, verfassungsrechtliche Seite dieses Rahmens und prüft, wie das Grundgesetz diese Rechtsetzung rezipiert, sie innerstaatlichen Entscheidungsverfahren unterwirft und ihren Vollzug organisiert. Die drei Untersuchungsteile ergeben ein allgemeines Modell der auswärtigen Rechtsetzung als Problem des Völkerrechts und des Verfassungsrechts. Danach erprobt und vertieft Volker Röben dieses Modell an drei Referenzsystemen. Die Referenzsysteme sind die kollektive Sicherheit, die europäische Integration und der Grundrechtsschutz. Anhand jedes Bereichs kann eine zentrale dogmatische Frage des Außenverfassungsrechts demonstriert werden.

The means of making international law are increasingly differentiated. The book contains the proceedings of a conference hosted by the Max Planck Institute for Comparative Public Law and International Law that brought together academics, practitioners and judges from Africa, America, Asia and Europe. Developments of International Law in Treaty Making explores the various means of making non-conventional/non-treaty law and the cross-cutting issues that they raise. Law-making by technical/informal expert bodies, Conferences of Parties, international organizations, the UN Security Council, regional organizations and arrangements and non-state actors is examined in turn. This forms the basis for the analysis of the complementarity of international treaty law, customary international law and non-traditional law-making, potential subject matters of non-treaty law-making, domestic consequences of non-treaty law-making, proliferation of actors, commissions and treaty bodies of the UN system, and International courts and tribunals.

Die Arbeit untersucht die Einwirkung der Rechtsprechung des EuGH auf das Verfahrensrecht, das die mitgliedstaatlichen Gerichte bei der Anwendung des Gemeinschaftsrechts zu beachten haben. Sie sieht die Rechtsprechung auf ein ebenenübergreifendes System des Rechtsschutzes gegen Gemeinschafts- und mitgliedstaatliche Rechtsakte ausgerichtet. Dies wird anhand der tatsächlich festzustellenden Einwirkung der Rechtsprechung auf die Systembereiche Rechtswegeröffnung, vorläufiger Rechtsschutz, Hauptsache sowie allgemeines Verfahrens- und Organisationsrecht belegt. Dabei zeigt sich, daß der Einwirkung bündische, demokratische und Leitprinzipien einer ebenenververklammernden Verfassung des Gemeinschaftsrechtsraums zugrunde liegen.

th Rüdiger Wolfrum celebrated his 65 birthday on 13 December 2006. On this special occasion, current and former members of the large circle of his PhD and post-doctorate students (Doktoranden und Habilit- den) organized a symposium on the subject of “International Law - day: New Challenges and the Need for Reform?” to honour him and his academic work as a teacher and researcher. The symposium took place at the Max Planck Institute for Comparative Public Law and - ternational Law in Heidelberg on 15 and 16 December 2006. Since Rüdiger Wolfrum is a renowned scholar in many different fields of public national and international law, the subjects covered by the speakers and commentators reflect the wide variety of issues he worked on in his long and impressive academic career. They extend from a cri- cal evaluation of the new responsibility to protect and the role of the UN Security Council in post-conflict management, thoughts on the proliferation of international tribunals with regard to the unity or fragmentation of international law, marine genetic resources in the deep sea and environmental protection in Antarctica to human rights issues relating to intellectual property rights and the protection of minorities. All the presentations focused on new trends in international law and thus followed the lead of Rüdiger Wolfrum who has always been at the forefront of innovative legal developments.

In recent years the question of the legitimacy of international law has been discussed quite intensively. Such questions are, for example, whether international law lacks legitimacy in general; whether international law or a part of it has yielded to the facts of power; whether adherence to international legal commitments should be subordinated to self-defined national interests; whether international law or particular rules of it – such as the prohibition of the use of armed force – have lost their ability to induce compliance (compliance pull); and what is the relevance of non-enforcement or failure to obey for the legitimacy of that particular international norm?This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law.

The means of making international law are increasingly differentiated. The book contains the proceedings of a conference hosted by the Max Planck Institute for Comparative Public Law and International Law that brought together academics, practitioners and judges from Africa, America, Asia and Europe. Developments of International Law in Treaty Making explores the various means of making non-conventional/non-treaty law and the cross-cutting issues that they raise. Law-making by technical/informal expert bodies, Conferences of Parties, international organizations, the UN Security Council, regional organizations and arrangements and non-state actors is examined in turn. This forms the basis for the analysis of the complementarity of international treaty law, customary international law and non-traditional law-making, potential subject matters of non-treaty law-making, domestic consequences of non-treaty law-making, proliferation of actors, commissions and treaty bodiesof the UN system, and International courts and tribunals.

th Rüdiger Wolfrum celebrated his 65 birthday on 13 December 2006. On this special occasion, current and former members of the large circle of his PhD and post-doctorate students (Doktoranden und Habilit- den) organized a symposium on the subject of “International Law - day: New Challenges and the Need for Reform?” to honour him and his academic work as a teacher and researcher. The symposium took place at the Max Planck Institute for Comparative Public Law and - ternational Law in Heidelberg on 15 and 16 December 2006. Since Rüdiger Wolfrum is a renowned scholar in many different fields of public national and international law, the subjects covered by the speakers and commentators reflect the wide variety of issues he worked on in his long and impressive academic career. They extend from a cri- cal evaluation of the new responsibility to protect and the role of the UN Security Council in post-conflict management, thoughts on the proliferation of international tribunals with regard to the unity or fragmentation of international law, marine genetic resources in the deep sea and environmental protection in Antarctica to human rights issues relating to intellectual property rights and the protection of minorities. All the presentations focused on new trends in international law and thus followed the lead of Rüdiger Wolfrum who has always been at the forefront of innovative legal developments.

In recent years the question of the legitimacy of international law has been discussed quite intensively. Such questions are, for example, whether international law lacks legitimacy in general; whether international law or a part of it has yielded to the facts of power; whether adherence to international legal commitments should be subordinated to self-defined national interests; whether international law or particular rules of it – such as the prohibition of the use of armed force – have lost their ability to induce compliance (compliance pull); and what is the relevance of non-enforcement or failure to obey for the legitimacy of that particular international norm?This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law.