Between 2013 and 2014, the Italian government introduced a number of legislative changes to the photovoltaic industry regulation in order to reduce the costs related to green energy incentives. These legislative changes impacted on the framework relied upon by international investors in making their investments in the Italian photovoltaic industry and generated great uncertainty about the regulation of the sector. Consequently, a number of foreign investors resorted to international arbitration arguing the violation of the standards of protection of foreign investments granted under the Energy Charter Treaty (‘ECT’), ratified by the Italian Republic on December 1997, and claiming damages against the Italian State. This paper aims to discuss the measures adopted by the Italian State in the energy sector in light of the ECT and to offer a view of the most relevant substantial and jurisdictional issues emerging in relation to its application as well as to analyze the consequences that the ongoing investment proceedings might bring about in terms of interaction between EU law and international law.
The Italian Energy Reform as a Source of International Investment Disputes / Faccio, Sondra. - In: RIVISTA DI DIRITTO INTERNAZIONALE PRIVATO E PROCESSUALE. - ISSN 0035-6174. - 2016:2(2016), pp. 460-482.
The Italian Energy Reform as a Source of International Investment Disputes
Faccio, Sondra
2016-01-01
Abstract
Between 2013 and 2014, the Italian government introduced a number of legislative changes to the photovoltaic industry regulation in order to reduce the costs related to green energy incentives. These legislative changes impacted on the framework relied upon by international investors in making their investments in the Italian photovoltaic industry and generated great uncertainty about the regulation of the sector. Consequently, a number of foreign investors resorted to international arbitration arguing the violation of the standards of protection of foreign investments granted under the Energy Charter Treaty (‘ECT’), ratified by the Italian Republic on December 1997, and claiming damages against the Italian State. This paper aims to discuss the measures adopted by the Italian State in the energy sector in light of the ECT and to offer a view of the most relevant substantial and jurisdictional issues emerging in relation to its application as well as to analyze the consequences that the ongoing investment proceedings might bring about in terms of interaction between EU law and international law.File | Dimensione | Formato | |
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