Today's development of renewable energy technologies is perceived as an essential ingredient of the world’s response to emerging challenges of energy security, global warming, and climate change. However, the global deployment of renewables needs huge financial and technological contributions that many States cannot afford. Therefore the promotion of foreign investments in this sector is at the stake. However, the global flow of investment and technology in this sector is not free from the regulations of international trade and investment law instruments. Among the prominent provisions common to these instruments are Market Access obligations. WTO agreements and IIAs provide for different levels of market access. Moreover, the possible contribution of these provisions in each case depends on the approach of the applicable agreements to the renewable energy sector in particular. Therefore it is also important to collaterally understand the overall approach of international trade and investment agreements to this sector since it appears to be a two-dimensional matrix. Therefore to clarify the possible contribution of market access provisions to the promotion of foreign investments in the renewable energy sector, this article, after providing an introduction, expounds on the status of the applicable market access obligations to this sector under trade law. Consequently, it deals with the approach of IIAs in this regard. Finally, it concludes that so far both the legal systems have to a great extent overlooked the importance of establishing robust pro-renewable energy market access obligations.
Journals and Periodicals
Ghaziani, Mohammad Akefi, Vahid Akefi Ghaziani, and Moosa Akefi Ghaziani. “Most Favoured Nation Clause: Unleashing its Legal Potential in Favour of Foreign Investors in Renewable Energy Sector.” Indonesia Law Review 12, no. 2 (2022): 60-85.
Bruce, Stuart. “International Law and Renewable Energy: Facilitating Sustainable Energy for All?.” Melbourne Journal of International Law 14, no. 1 (2013): 18-53.
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Egger, Peter and Valeria Merlo. “BITs Bite: An Anatomy of the Impact of Bilateral Investment Treaties on Multinational Firms.” Scandinavian Journal of Economics 144, no. 4 (2012): 1240–1266.
Giannopoulos, Nikolaos. “International Protection of Foreign Investments in Offshore Energy Production and Marine Environmental Protection: Birds of a Feather or Frenemies Forever?.” Netherlands International Law Review 68, (2021): 149-280.
Rietiker, Daniel. “The Principle of ‘Effectiveness’ in the Recent Jurisprudence of the European Court of Human Rights: Its Different Dimensions and Its Consistency with Public International Law – No Need for the Concept of Treaty Sui Generis.” Nordic Journal of International Law 79, no. 2 (2010): 245-277.
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Tomoko, Yamashita. “Procedural and Normative Competition between the WTO’s Dispute Settlement and the Investor-State Arbitration: Focusing on the National Treatment Principle.” Public Policy Review 16, no. 5 (2020): 1-23.
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Ghaziani, Mohammad Akefi; Fazaeli, Mostafa; Ghaziani, Moosa Akefi; and Amin, Dr. Huma
"Market Access Obligations and Foreign Investments in Renewable Energy: an Analysis of International Trade and Investment Law Instruments,"
Indonesian Journal of International Law: Vol. 21:
1, Article 4.
Available at: https://scholarhub.ui.ac.id/ijil/vol21/iss1/4
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