EYIEL Monographs - Studies in European and International Economic Law

The global energy economy is undergoing a profound transformation, yielding several pivotal objectives. Foremost among these is mitigating greenhouse gas emissions and toxic pollutants. Another essential goal involves promoting more sustainable economies, thereby curbing material consumption and reducing our reliance on resource extraction. Further priorities include fostering energy security and economic resilience by reducing dependence on external energy sources. All these aims overlap in one common policy: accelerating the renewable energy capacity deployment. Complementing this paradigm shift is the complete electrification of economic activities and households, resulting in the need to incentivize green electricity generation.

In this context, this book undertakes a comprehensive exploration of the regulatory framework underpinning the advancement of green electricity. After reviewing the political and economic dimensions, it offers an exhaustive analysis of ongoing developments in four legal domains: The WTO, EU, Germany, and Turkey.

Furthermore, the book presents a legal analysis of the intricate interplay between the WTO and EU law coupled with the German and Turkish models. It focuses on the most topical and relevant issues, including the effect of the ongoing energy crisis on state aid for green electricity in the EU; WTO case law on local content requirement components of the promotion schemes; the intricate legal, economic, and political challenges that accompany Germany’s Energiewende and its phasing out of coal and nuclear energy; and Turkey’s regulatory endeavors to bolster its energy self-sufficiency strategy.

Following a thorough examination encompassing theoretical, regulatory, and comparative aspects, the book moves beyond the applicable legal framework to make concrete proposals on the future design of green electricity promotion in Germany and Turkey so as to facilitate a rapid but socially equitable energytransition by incentivizing economic efficiency.

How much legal discretion do arbitrators truly have in investment treaty arbitration? Iura novit curia – literally "the judge knows the law" – is a well-established procedural principle across various legal systems, empowering and/or requiring adjudicators to ascertain and apply the law independently, even beyond the arguments presented by the parties. Yet, its specific role in investment treaty arbitration remains largely unexplored. This book presents a comprehensive and in-depth examination of iura novit curia in investment treaty arbitration. Against the backdrop of ongoing global reforms of the international investment protection regime, the principle holds the potential to enhance accurate decision-making and reinforce the substantive equality of arms between parties. The book traces the historical development of iura novit curia, from Roman law to contemporary civil and common-law procedures, providing a comparative foundation for its modern application. It then examines how international courts and tribunals allocate responsibility for legal ascertainment, exploring its role in public international law and international commercial arbitration. Building on this background, the book shifts its focus to the core question: whether and how iura novit curia should be applied within the unique legal framework of investment treaty arbitration. In this context, the book inter alia addresses the following legal questions: On which legal basis can iura novit curia be applied in investment treaty arbitration? Does its application align with the policy objectives driving the ongoing reform of the international investment protection regime? Is the independent ascertainment of law a power or a duty for investment arbitrators? After answering these foundational questions, the book then delves into the two main elements of iura novit curia: the notion of legal knowledge and the ex officio ascertainment of law. It critically examines the level of legal knowledge expected from investment arbitrators and whether specific knowledge requirements should be mandatory. Regarding the ascertainment of law, it explores the role of different methods – reliance on party submissions, external experts, autonomous interpretations, and the introduction of new legal sources – while also analysing the procedural constraints arbitrators face when independently ascertaining the applicable law.