Fracking, Sovereignty over Natural Resources and International Investment Law
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Fracking, Sovereignty over Natural Resources and International Investment Law. / Reins, Leonie; Geraets, Dylan; Schomerus, Claus-Thomas.
European Yearbook of International Economic Law 2018. Hrsg. / M. Bungenberg; M. Krajewski; C.J. Tams; J.P. Terhechte; A.R. Ziegler. 1. Aufl. Cham : Springer, 2019. S. 175-201 (European Yearbook of International Economic Law; Band 9).Publikation: Beiträge in Sammelwerken › Aufsätze in Sammelwerken › Forschung
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TY - CHAP
T1 - Fracking, Sovereignty over Natural Resources and International Investment Law
AU - Reins, Leonie
AU - Geraets, Dylan
AU - Schomerus, Claus-Thomas
PY - 2019
Y1 - 2019
N2 - The exploitation of natural resources such as oil, coal, and gas that are contained in the soil of the territory of States is generally considered to be subject only to the domestic regulation of the State in question. Due to the permanent sovereignty over natural resources, states are free to determine whether and how they wish to exploit these resources. The role of international law is limited, but only to the extent that concerns of foreign investors are not negatively affected. This contribution assesses the relationship between certain sub-sections of international economic law, investment law and trade law, and answers the question whether the case of shale gas extraction by means of fracking is merely another example of the tension between the rules that govern international economic relations and domestic policy considerations, or whether it represents a potential turning point in the way the international community perceives these constraints on domestic policy making. This is done by considering the Lone Pine Inc. investment arbitration against Canada. This arbitration takes place against a background of increasing public discontent with investor-state dispute settlement and a reconsideration of this concept by several states.
AB - The exploitation of natural resources such as oil, coal, and gas that are contained in the soil of the territory of States is generally considered to be subject only to the domestic regulation of the State in question. Due to the permanent sovereignty over natural resources, states are free to determine whether and how they wish to exploit these resources. The role of international law is limited, but only to the extent that concerns of foreign investors are not negatively affected. This contribution assesses the relationship between certain sub-sections of international economic law, investment law and trade law, and answers the question whether the case of shale gas extraction by means of fracking is merely another example of the tension between the rules that govern international economic relations and domestic policy considerations, or whether it represents a potential turning point in the way the international community perceives these constraints on domestic policy making. This is done by considering the Lone Pine Inc. investment arbitration against Canada. This arbitration takes place against a background of increasing public discontent with investor-state dispute settlement and a reconsideration of this concept by several states.
KW - Law
UR - https://www.springer.com/de/book/9783319977515
U2 - 10.1007/8165_2018_7
DO - 10.1007/8165_2018_7
M3 - Contributions to collected editions/anthologies
SN - 978-3-319-97751-5
T3 - European Yearbook of International Economic Law
SP - 175
EP - 201
BT - European Yearbook of International Economic Law 2018
A2 - Bungenberg, M.
A2 - Krajewski, M.
A2 - Tams, C.J.
A2 - Terhechte, J.P.
A2 - Ziegler, A.R.
PB - Springer
CY - Cham
ER -