Host Government Agreements and the Law in the Energy Sector

Acknowledgements

List of abbreviations

PART I

Political risks in the energy sector

1 Introduction and framework of the research

Introduction

Expropriation or nationalisation?

Why are stabilisation clauses a controversial issue?

Host government agreements

Objectives and scope of the research

The gap in conventional literature

Research questions

Methodology

Overview of Azerbaijan and Turkey

Baku-Tbilisi-Ceyhan crude oil pipeline project: timeline, importance and issues

Structure of the book

2 Indirect expropriation

Introduction

Distinguishing between direct and indirect expropriation

The types of host state measures that may constitute indirect expropriation

Criteria for the distinction between legitimate regulation (noncompensable regulation) and indirect expropriation

Sole effect versus police power

Bilateral investment treaties of Azerbaijan and Turkey and their treaty provisions concerning indirect expropriation

Tools for mitigating indirect expropriation risk

Conclusions

PART II

Mitigating political risks through stability provisions

3 Stabilisation clauses

Introduction

General implications of stabilisation clauses

Typologies of stabilisation clauses

Legal importance and functional value of stabilisation clauses

Do stabilisation provisions constitute a threat to environmental protection and human rights?

The BTC pipeline project (I): reactions to the project

Conclusion

4 Lenders, risk insurers and rating agencies

Introduction

The main financial institutions in project financing

The role of lenders in inclusion of stabilisation clauses

Political risk insurance providers

The role of political risk insurance providers in the inclusion of stabilisation clauses

Credit rating agencies

The role of credit rating providers in the inclusion of stabilisation clauses

Baku-Tbilisi-Ceyhan pipeline project (II)

Conclusions

5 Political systems and laws on foreign investment in Azerbaijan and Turkey

Introduction

Azerbaijan

Turkey

A comparison of guarantees available under FDI laws and political regimes in Azerbaijan and Turkey

Conclusions

PART III

Conclusion and recommendations

6 Conclusions and recommendations

The research findings and conclusions

Recommendations

Index