Investment Thematic Reports

In addition to the Country Review on Investment Climate and Market Structure, the Energy Charter Secretariat publishes a number of thematic reports. The reports do not necessarily represent the views of the members of the Energy Charter Treaty.

List of Publications

China Investment Report: China is a pivotal country in the global energy sector. The country is not only a major producer of fossil fuels, but also the world’s largest importer of fossil fuels. China is also cementing its global dominance as a producer of renewable energy. It is a major investor in several countries across the globe, as well as a significant producer of clean-energy technologies. The Energy Charter Treaty (ECT), with its vast membership and related legal instruments and institutions, is the optimal platform for China in terms of promoting regional energy cooperation and facilitating the implementation of infrastructure projects within the framework of the “Belt and Road” Initiative.
The Energy Charter Investment Facilitation Toolbox: As a result of the 2014 Review conducted under Article 34.7 of the Energy Charter Treaty, the Energy Charter Secretariat engaged in a series of activities to analyse the existing barriers to the establishment of energy investment, the benefits of shared principles for the establishment of investment as well as available policy options to remove such barriers by means of domestic and international rules.
The Role of the Energy Charter Treaty in Fostering Regional Electricity Market Integration: Lessons Learnt from the EU and Implications for Northeast Asia: This study shows that the Energy Charter Treaty and the International Energy Charter are suitable legal and political foundations for energy cooperation in Northeast Asia. Active participation of new partner countries the Republic of Korea and China in the Energy Charter Process allows to share the lessons learnt in the realisation of the EU internal electricity market and its pragmatic solutions. The study confirms that the broad concept of national sovereignty under the Energy Charter Treaty and the International Energy Charter makes it possible that Northeast Asian countries benefit from pragmatic solutions experienced in other regions such as the EU and may start collaborating on cross-border issues while keeping full autonomy on the national energy strategies, targets and regulation.
Towards Secure and Sustainable Energy Supply in Central Asia: Electricity Market Reform and Investment Protection: The report, prepared by Mr. Anatole Boute as a fellow at the Energy Charter Secretariat's Knowledge Centre, focuses on the modernisation of the electricity infrastructure in Central Asia, in particular energy efficiency improvements and clean energy development. It looks at regional energy cooperation and the export of electricity to neighbouring countries as a way to facilitate investments in the modernisation of electricity supply and to improve energy efficiency in the region.
Taxation of Foreign Investments under International Law: Article 21 of the Energy Charter Treaty in Context (2015): This work by Energy Charter research fellow Mr Uğur Erman Özgür discusses the relation between investment protection and taxation under international investment agreements. It is common practice that taxation is a sovereign and legitimate regulatory exercise which usually remains excluded by international standards of investment protection. In this respect, Article 21 of the Energy Charter Treaty provides a complex mechanism preserving the sovereign taxation powers.
Analysis of Mutual Exchanges of Business Assets within Investment Activities in the Energy Sector (2014): This study investigates how asset exchanges relate to various measures in the sphere of energy security enhancement and contribute to the development of open and competitive markets. It provides an analysis of national antitrust and approval processes in different jurisdictions, as well as the practice of asset swaps in the light of the current economic environment.
Gobitec and the Asian Supergrid for Renewable Energy Sources in Northeast Asia (2014): The Gobitec concept represents the idea of producing clean energy from renewable energy sources in the Gobi Desert and delivering the produced energy to high-demand regions. It is planned to transmit this energy via the planned Asian Supergrid (ASG), which would connect Russia, Mongolia, China, South Korea and Japan.
Low Carbon Investment (2013): The report analyses the Energy Charter Treaty provisions on low carbon investment and proposes certain actions for the Energy Charter Conference to consider.
Expropriation Regime under the Energy Charter Treaty (2012): The Energy Charter Treaty provides a multilateral legal framework towards the promotion and protection of energy investments. This book is devoted to a highly significant concept in this field - expropriation, which is examined through the prism of the Energy Charter Treaty while taking into consideration other international agreements, such as bilateral investment treaties, to which ECT member countries are party.
Analysis on Issues Related to Competition under the Energy Charter Treaty (2012): Following the introduction of competition in network energy industries of some Contracting Parties to the Energy Charter Treaty, in addition to investment protection challenges, foreign investors may today face barriers to competition arising out of uncommon norms and standards, exemptions and arbitrary public procurement policy decisions. In order to overcome such barriers to competition in network energy industries, the energy sector should be persuaded to adopt continuous and consistent levels of international cooperation on issues of competition.
Investment and Market Development in Carbon Capture and Storage: Role of the Energy Charter Treaty (2009): Worldwide economic stability and development require energy but the vast majority of the world's current power production facilities emit carbon. Solving the challenge of climate change will require, therefore, not only breakthroughs in alternative sources of energy but also new technologies that allow continued use of fossil fuels in an environmentally friendly way. One option for large-scale CO2 mitigation is the use of carbon capture and storage.
Can Synthetic Fuels Help Alleviate Europe's Petroleum Dependence? An Overview of CTL in Poland (2008): The oil sector is going through some fundamental changes: national oil companies now control the bulk of production, with international petroleum companies more often playing a secondary role in making decisions on production, investment and markets; prices are at their highest and are more volatile than ever before...
Driving without Petroleum? A Comparative Guide to Biofuels, Gas-to-liquids and Coal-to-liquids as Fuels for Transportation (2007): The report puts into context the production and use of non-petroleum transportation liquid fuels (bioethanol, biodiesel, and synthetic fuels) in key markets. Both 'first generation' biofuels (for which technologies are already commercially deployed) and 'second generation' fuels (for which research and development is underway, but without, as yet, commercial deployment) are considered.
Investing in Energy Efficiency: Removing the Barriers (2004): Investing in improving energy efficiency has the clear advantages of reducing energy costs, improving security of supply and mitigating the environmental impacts of energy use. And still, many viable opportunities for higher energy efficiency are not tapped because of the existence of numerous barriers to such investments. These lost opportunities imply costs to the individual energy consumers and to the society as a whole and they are particularly important in economies in transition.
Best Practices Guidelines on Restructuring (including Privatisation) in the Energy Sector (2003): On 26 June 2003 the Energy Charter Conference welcomed a set of Best Practice Guidelines on Restructuring (including Privatisation) in the energy sector. The aim of the Guidelines is to assist those countries in the Charter's constituency that are in the process of transition to competitive domestic energy markets. The Guidelines provide advice for the governments of such countries, based on analysis of the experience gained and lessons learned by countries that have already introduced competition and privatisation in their energy sectors.
Third-party Financing: Achieving its Potential (2003): The essence of the concept of third-party financing is that some part of a contract awarded to an energy services company is based on that company's performance in achieving energy savings. Third-party financing thus offers an innovative technique for financing energy efficiency and renewable energy projects.

Investment Thematic Reports

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