Law Flashcards
What are the main elements of the Energy Charter Treaty
- Investment protection
- Trade based in WTO rules
- Freedom of energy transit
- Improvement of energy efficiency
- International dispute settlement
- Principle of national sovereignty over natural resources
What are the types of jurisdiction
Territorial - a crime occurs in your territory Universal - a criminal in your custody Nationality - of actor Passive personal - nationality of victim Protective - national interest
What are the key characteristics of the Doha amendment
Effective from 2020
Hold the increase in global temperature below 2*C above pre-industrial levels
Extended Kyoto protocols from 2013 to 2020
Not yet ratified
What is the Clean Development Mechanism
Industrialised and non-industrialised countries
Project completed in non-annex 1 funded by annex1 country
Emission reduction credits received by annex 1
Based on premise that CC is global and it doesn’t matter where reduction occurs
Example Biomass in Ecuador other parties UK and Northern Ireland
Switch from fossil fuels to use of biomass
What is the Joint Implementation
Annex 1 to annex 1
Transfer and/or acquire emission reduction units and use them to meet part of their reduction target eg. EU
Based on premise that CC is global and it doesn’t matter where reduction occurs
Example Sawdust 2000 Denmark / Romania
What is International Emission Trading
Any country with ERU surplus to there target can sell this excess to other countries who would otherwise not meet targets
Based on premise that CC is global and it doesn’t matter where reduction occurs
What is a Bilateral Investment Treaty (BIT)
An agreement establishing the T&Cs for private investment and companies of one state in another state
What are the key features of a BIT
Define investor Define investment Define the treatment of investors and investments Most Favoured Nation treatment Key personnel Investment protection Expropriation and compensation Free flow of capital Umbrella clauses Outline of exceptions Dispute settlement process
What is the ICSID
The international centre for the settlement of investment disputes
What is Gross Negligence
A conscious and voluntary disregard of the need to use reasonable care, which is likely to cause grave injury or harm to persons, property or both.
What is the definition of Negligence
Conduct that falls below the standard of behaviour established by law for the protection of others against unreasonable risk of harm
What is wilful misconduct
Knowingly violation of a reasonable and uniformly enforced rule or policy. Intentionally doing what shouldn’t be done.
What is reckless conduct
Totally unreasonable conduct that is a gross deviation from what a reasonable person would do.