[go: up one dir, main page]
More Web Proxy on the site http://driver.im/
IDEAS home Printed from https://ideas.repec.org/p/eti/rdpsjp/17060.html
   My bibliography  Save this paper

Legal Issues Arising from the Feed-in Tariff of Renewable Energy: Controversial issues in investor-state dispute settlement (Japanese)

Author

Listed:
  • TAMADA Dai
Abstract
This paper aims at analyzing several cases of investor-State dispute settlement (ISDS) which relate to the feed-in tariff (fiT) of the renewable energy sector, for the purpose of extracting the legal issues involved in them. On the basis of this analysis, it will bring some implications toward Japan, both from the investors' viewpoint and the host-State's perspective. first, in European and North American countries, there have been many cases in which foreign investors (claimants) submitted disputes, against the host-States, before the ISDS concerning the operation and abolishment of the fiT system. In particular, the main topic is to allege a violation of the fair and equitable treatment (FET) obligation stipulated in the applicable international investment agreement. Second, in cases against Spain, the Tribunal either admitted a breach of FET ( Eiser case) or did not ( Charanne case and Isolux case). The same applies in the cases against Canada. These situations require us to analyze the reason why there has been a difference of conclusions. Third, on the basis of the above analysis, it will become possible to evaluate the modified fiT law of Japan (2016) and present some implications about it.

Suggested Citation

  • TAMADA Dai, 2017. "Legal Issues Arising from the Feed-in Tariff of Renewable Energy: Controversial issues in investor-state dispute settlement (Japanese)," Discussion Papers (Japanese) 17060, Research Institute of Economy, Trade and Industry (RIETI).
  • Handle: RePEc:eti:rdpsjp:17060
    as

    Download full text from publisher

    File URL: https://www.rieti.go.jp/jp/publications/dp/17j060.pdf
    Download Restriction: no
    ---><---

    More about this item

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:eti:rdpsjp:17060. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: TANIMOTO, Toko (email available below). General contact details of provider: https://edirc.repec.org/data/rietijp.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.