International Energy Law Course

EPIC offers a 3-credit International Energy Law and Policy each Spring semester that provides an overview of international law perspectives of global energy regulation.

Course Description
Acknowledging the importance of energy on a global scale, this contemporary topic will introduce students to international legal principles (sovereignty, territoriality, principles of compensation, liability etc) and relevant treaties, especially the Energy Charter Treaty, that govern the interaction between states and other potential subjects of international law relevant to energy. We will explore the agreements/contracts/treaties and negotiations between states (public) and multinationals (private) in the exploration, supply of, and investment in energy resources. The course will examine the role of major players in energy resources including international organizations in the energy sector, such as OPEC, the OECD, the IEA, the UN, the EU as well as NGOs. International energy investment disputes are most often resolved by arbitration as the preferred mode, with ICSID the forum of choice. International energy disputes can also be environmental and human rights disputes, litigated in international courts and national courts. While using oil, natural gas and nuclear power as examples for the course, we will look toward the future and evaluate the international legal and policy (regulatory) issues facing the development and expansion of renewable energy, such as biofuels.

Day and Time
The Spring 2011 course is tentatively scheduled for Mondays and Wednesdays from 5:30 pm to 6:45 pm.

Location
TBD

Instructor
Dr. Nilmini Silva-Send, Senior Policy Analyst, Energy Policy Initiatives Center, University of San Diego

Course Requirements
All students are required to write a research paper on a relevant topic. A attendance, participation, and a short presentation of the research paper planned will constitute 20% of the final course grade. The final paper will make up 80% of the grade. Successful completion of the paper will fulfill the writing requirements of the school of law.

Course Topics

The following summarizes some of the topics covered in the course.

Sources of international law, subjects (states, international organizations, non-Governmental Organizations, Multinational Companies, Individuals), jurisdiction of states, responsibility and liability of states, some aspects of the law of the sea.
History and development of energy sources (Oil, Gas, Coal, Alternative Renewable Fuels)
International organizations (OPEC, IEA, IEF, UN Organizations); investment agreements (contracts between investors and host state, binational investment treaties, multinational treaties); trade agreements (regional, international trade law, joint operating agreements); marine oil pollution liability convention, nuclear liability conventions
Disputes (Caspian Energy, South China Sea, biofuel subsidies and trade and agriculture, arctic resources) and resolution (International Court of Justice, WTO Dispute Settlement, energy investment arbitration at ICSID)