Law Flashcards

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1
Q

What are the main elements of the Energy Charter Treaty

A
  1. Investment protection
  2. Trade based in WTO rules
  3. Freedom of energy transit
  4. Improvement of energy efficiency
  5. International dispute settlement
  6. Principle of national sovereignty over natural resources
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2
Q

What are the types of jurisdiction

A
Territorial - a crime occurs in your territory
Universal - a criminal in your custody
Nationality - of actor
Passive personal - nationality of victim
Protective - national interest
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3
Q

What are the key characteristics of the Doha amendment

A

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

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4
Q

What is the Clean Development Mechanism

A

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

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5
Q

What is the Joint Implementation

A

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

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6
Q

What is International Emission Trading

A

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

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7
Q

What is a Bilateral Investment Treaty (BIT)

A

An agreement establishing the T&Cs for private investment and companies of one state in another state

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8
Q

What are the key features of a BIT

A
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
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9
Q

What is the ICSID

A

The international centre for the settlement of investment disputes

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10
Q

What is Gross Negligence

A

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.

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11
Q

What is the definition of Negligence

A

Conduct that falls below the standard of behaviour established by law for the protection of others against unreasonable risk of harm

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12
Q

What is wilful misconduct

A

Knowingly violation of a reasonable and uniformly enforced rule or policy. Intentionally doing what shouldn’t be done.

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13
Q

What is reckless conduct

A

Totally unreasonable conduct that is a gross deviation from what a reasonable person would do.

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