For developing countries, a stable and secure supply of electricity is crucial for development, and for their populations' well-being. Since the early 1990s, the main mechanism for constructing power generation facilities in developing countries has been the independent power project (IPP) model, where a foreign investor enters into long term investment contracts with the national utility. This model has succeeded in attracting investment, but raises complex regulatory and contractual challenges in addition to public concerns. This book - drawing on project contracts, the author's interview sources, case law and literature - analyzes in detail the legal investment protection used by IPP investors to ensure sufficient returns and protect their contracted revenue stream. The author examines how the model's corporate / financial structure interlocks with strong contractual rights and with a number of measures used to improve the host country's creditworthiness in the short and long term (including investment guarantees).The second part of the book identifies that the IPP model normally leads to six main consequences for the host developing country: The IPP model has led to private investment, which has increases reliability, modernization and introduced private standards; It contains an intrinsic structural weakness in times of economic downturns; It has shown a tendency to lead to overinvestment in generation capacity; It has shown a tendency to lead to expensive and suboptimal solutions regarding choice of design and technology; The model (and its institutional surroundings) contains insufficient disincentives against moral hazard and exploitative behavior (including corruption); and The IPP model does not facilitate a further development of the host country's power sector. The author argues that these consequences for development can be improved without detrimentally compromising the private sector's willingness to continue to invest. While pursuing this analysis, the author also explores such issues as the following: ; the web of parties and contracts constituting the IPP model, including the model's risk allocation; an analysis of political risk, including to what extent foreign investors also are protected against commercial and credit risks; the competing needs of predictability and flexibility in long term contracts; how investment arbitration tribunals have reacted both to the change in macroeconomic circumstances caused by the East Asian Crisis of 1997-98, and to numerable and credible allegations of corruption during procurement identification of factors reducing, or increasing, the IPP model's tendency to fail during severe economic recessions
La 4e de couverture indique : "Since the introduction a quarter-century ago of market-based investments in the production of electricity and other critical services, our awareness of the underlying issues affecting the supply and consumption of energy has changed radically. No longer can Europe (or any region) rely on over-capacity of electricity generation and inexpensive primary energy fuels, or disregard the signs of potentially catastrophic climate change. The author of this timely and sharply focused book shows that, in the light of our current knowledge, ensuring new investments - and the right investments - in electricity generation constitutes an urgent energy policy challenge facing the EU over the coming decades. He accordingly makes the case for a serious reconsideration of the market facilitation and market intervention rules under electricity market legislation in the EU. In the first detailed legal analysis of the EU's internal electricity market framework for investments in electricity generation facilities from the perspective of security of supply, this book cover such legal issues as the following in precise detail : applicability of the Treaty on the Functioning of the European Union (TFEU) ; security of supply as a ground for exemption on the basis of public security ; justifications of public intervention ; the applicability of EU State aid provisions to investments in energy security ; requirements imposed by EU law on Member States for ensuring cost-efficient investments in European supply security ; facilitation of renewable energy sources and cogeneration in the environmental interest ; the Court of Justice's approach to Member State interventions ; the Court's decisions on restrictions on free movement in the environmental interest ; Member States' right to launch tendering procedures for new generation capacity ; Member States' right to impose public service obligations in the general economic interest on certain undertakings ; and relationship between the provisions of the TFEU and those of the Euratom Treaty in relation to investments in nuclear power generation. Throughout the study, in addition to his analysis of the decisions of the Court of Justice and the Court of First Instance, the author takes into account legal literature and Union reports, preparatory works, and working papers. The book demonstrates convincingly that today's energy supply challenges must be based on a broader balancing of security, competitiveness and sustainability interests. It suggests that the internal electricity market provisions of the Electricity Directive and the Security of Electricity Supply Directive would benefit from focusing more intensely on requiring investments in technologies and primary energy sources that will help mitigate climate change and reduce European energy import dependency, and less on the need for ensuring cost-efficient investments through market-based means. Through its detailed analysis of EU law in an area of great significance to both market participants and the public sector, Investing in EU Energy Security will be welcomed by legal advisors, whether working for the EU electricity industry or public agencies responsible for implementation of internal electricity market measures, as well as by academics in this hugely important field of current research.
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