Natalia Charalampidou | Universität Heidelberg (original) (raw)

Papers by Natalia Charalampidou

Research paper thumbnail of Range of Disputes under the Energy Charter Treaty

Transnational Dispute Management, 2018

Aim of this paper is to proffer a brief and comprehensive overview of the energy investment juris... more Aim of this paper is to proffer a brief and comprehensive overview of the energy investment jurisprudence that has developed on the basis of the ECT. Cases that have been settled and/ or discontinued, as well as those concluded, albeit not offering the award in public, shall not be discussed. Similarly, though due to linguistic obstacles, the Spanish award in Isolux Infrastructure v. Spain (SCC Case No. V2013/153) is not included. The paper is structured in the following manner: at the outset, it elaborates on the purpose of the ECT, including a brief historical remark. In the following part, which constitutes the bulk of this paper, it displays decisions and final awards, shortly explaining the alleged breach(es), any third parties or parallel proceedings, the factual background and the conclusions of the tribunals. Thereafter, it summarizes the objects that were aspired and the ones that have been achieved under the ECT, in the sense of assessing a compilation of the already displayed jurisprudence against the ECT’s object. Subsequently, it offers some concluding remarks. The paper ends with two tables: the first sets out cases, both pending and concluded, where decisions and final awards have been issued; and the second sets out pending cases, where neither decisions nor awards have been issued. The first was made with the intent to offer a succinct demonstration of the jurisprudence to practitioners, whereas the latter aims at showing the steep rising in requesting arbitration protection on limited and often reiterated matters of law and questions of fact.

Research paper thumbnail of Pressing Measures in Perilous Times: The Investment Perspective

Transnational Dispute Management, 2021

Research paper thumbnail of Smart grids and sustainable energy future in the international and European legal order

2018 6th International Istanbul Smart Grids and Cities Congress and Fair (ICSG), 2018

This paper examines smart grids under the International and European legal order, that being the ... more This paper examines smart grids under the International and European legal order, that being the rules set by the IEA, the IRENA, the UN, the OECD, the CoE, the Energy Community and the EU. It starts with identifying the legal notion of smart grids and proceeds with specifying their core function, while depicting the purpose of their deployment. It then evidences the insoluble connection between smart grids and achieving the mitigation objective of the Paris Agreement. Hence, it establishes that the deployment of smart grid technologies is crucial for meeting the goal of a sustainable energy future. Thereafter it addresses legal issues arising from their deployment, those being the need for regulation and the right to access to and to process data generated from the operation thereof.

Research paper thumbnail of Energy Corporations and Their Information Duties Towards State Authorities

European Energy and Environmental Law Review

This article identifies the statutory obligations, according to which energy corporations must di... more This article identifies the statutory obligations, according to which energy corporations must disclose any information that national authorities and the European Commission deem relevant to their duties under European Law. It then specifies the protection of commercially sensitive information under European Energy Law and Law on Trade Secrets along with the mechanisms that transform this protection from paper into reality. It establishes that the Law on Trade Secrets can be used to draw the line at the authorities’ powers. This is significant, as the information that can be requested by the authorities can, and usually does, contain invaluable information, to the dismay of energy corporations electricity, natural gas, hydrocarbons, data, information, commercially sensitive information, trade secrets

Research paper thumbnail of Energy Corporations and Their Information Duties Towards State Authorities

30 (2) EEELR 62-71 , 2021

This article identifies the statutory obligations, according to which energy corporations must di... more This article identifies the statutory obligations, according to which energy corporations must disclose any information that national authorities and the European Commission deem relevant to their duties under European Law. It then specifies the protection of commercially sensitive information under European Energy Law and Law on Trade Secrets along with the mechanisms that transform this protection from paper into reality. It establishes that the Law on Trade Secrets can be used to draw the line at the authorities’ powers. This is significant, as the information that can be requested by the authorities can, and usually does, contain invaluable information, to the dismay of energy corporations.

Research paper thumbnail of ‘Renewable Energy’ (in Greek)

K. Antonopoulos & H. Aroni (eds) ‘Introduction to International Energy Law’, 2020

This paper sets out the International Conventions, or better the lack of such, regulating renewab... more This paper sets out the International Conventions, or better the lack of such, regulating renewable energy. It focuses on the policy papers encouraging its deployment and portrays renewable energy from the perspective of energy decarbonization, nuclear energy, natural gas, 'clean' or green coal, energy efficiency, energy security, technological development and financial prosperity.

Research paper thumbnail of ‘The Energy Charter Treaty’ (in Greek)

K. Antonopoulos & H. Aroni (eds) ‘Introduction to International Energy Law’, 2020

This chapter discusses the Energy Charter Treaty and more specifically, the historical context of... more This chapter discusses the Energy Charter Treaty and more specifically, the historical context of its making, its scope and purpose, the standards of protection for investors and investments (Arts 10 and 13), the non-application of Part III in certain circumstances (Art. 17), the provisional application (Art. 45) and withdrawal (Art. 47).

Research paper thumbnail of ‘The Islamic Revolution of 1979 in Iran and Oil Disputes’ (in Greek)

Periballon & Dikaio, 2020

This paper discusses the Iran-U.S.Cl.Tr. cases Amoco and Phillips Petroleum with a note on the no... more This paper discusses the Iran-U.S.Cl.Tr. cases Amoco and Phillips Petroleum with a note on the notion of force majeure and the precise meaning of expropriation as opposed to the one of nationalization, including the obligation of reparation the extend of which depends upon the lawfulness or unlawfulness of the taking at hand

Research paper thumbnail of ‘The Islamic Revolution of 1979 in Iran and Oil Disputes’ (in Greek)

Periballon & Dikaio, 2019

This paper discusses the events of 1978/1979 in Iran, the ICJ Case Concerning United States Diplo... more This paper discusses the events of 1978/1979 in Iran, the ICJ Case Concerning United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran), the mediation offered by Algeria and the Algiers records as well as the Iran-U.S.Cl.Tr. case Mobil Oil and Government of Iran. It elaborates the notions of nationalization and expropriation, as explained in the latter decision.

Research paper thumbnail of ‘Smart Buildings – from flat-rates to smart metering’ (in Greek)

Periballon & Dikaio, 2019

This paper sets out an analysis of the EU legislation on energy efficiency since its genesis in t... more This paper sets out an analysis of the EU legislation on energy efficiency since its genesis in the early 90’s up to the legal framework currently in force. Naturally, it equally analyses the EU legislation specifically targeted on energy efficiency of buildings which aims to all new buildings being “nearly zero-energy buildings” by December 31, 2020- Further, it includes remarks on the undeniable interrelation between energy efficiency and energy security having regard of national security interests expressed by the Estonian Foreign Intelligence Service, the State Security Department of the Republic of Lithuania, the Norwegian Intelligence Service and NATO.

Research paper thumbnail of ‘Supply of fuels and diesel Generators’ (in Greek)

Periballon & Dikaio, 2019

This paper discusses the final award in Lighthouse v. Timor-Leste (ICSID Case No. ARB/15/2), an I... more This paper discusses the final award in Lighthouse v. Timor-Leste (ICSID Case No. ARB/15/2), an ICSID arbitration initiated under an arbitration clause in a contract for fuel supply. The claims have been rejected for lack of jurisdiction. The paper highlights the effects of iura novit curia and goes through the procedural orders that offer a clear view of the ICSID proceedings.

Research paper thumbnail of ‘International Energy Disputes that Arose from the Financial Crisis in Argentina (1999 - 2002)’ (in Greek)

Periballon & Dikaio, 2019

This paper discusses the cases Pan American & BP v. Argentina (ICSID Case Nos ARB/03/13 & ARB/04/... more This paper discusses the cases Pan American & BP v. Argentina (ICSID Case Nos ARB/03/13 & ARB/04/8) and Total v. Argentina (ICSID Case No. ARB/04/01), as well as the non-binding nature of jurisprudence in investment arbitration, the effects of a BIT requiring a lawful investment for its standards of protection to apply, the principle of estoppel, indirect expropriation, legitimate expectations and fair and equitable treatment.

Research paper thumbnail of ‘International Energy Disputes that Arose from the Financial Crisis in Argentina (1999 - 2002)’ (in Greek)

Periballon & Dikaio, 2019

This paper discusses the cases CMS v. Argentina (ICSID Case No. ARB/01/8) and El Paso v. Argentin... more This paper discusses the cases CMS v. Argentina (ICSID Case No. ARB/01/8) and El Paso v. Argentina (ICSID Case No. ARB/03/15), the evidential value of arguments at the jurisdiction phase, the notion of dispute, umbrella clauses and stabilization clauses, applicable law in investment disputes, the ability of shareholders to file claims, legitimate expectations, fair and equitable treatment, discriminatory and arbitrary treatment, and full protection and security,

Research paper thumbnail of ‘Smart Grids and Sustainable Energy Future in the International and European Legal Order’

A.Y. Camurcu & A. Cetin (eds), ICSG Istanbul 2018 Proceedings, 2018

This paper examines smart grids under the International and European legal order, that being the ... more This paper examines smart grids under the International and European legal order, that being the rules set by the IEA, the IRENA, the UN, the OECD, the CoE, the Energy Community and the EU. Ιt starts with identifying the legal notion of smart grids and proceeds with specifying their core function, while depicting the purpose of their deployment. It then evidences the insoluble connection between smart grids and achieving the mitigation objective of the Paris Agreement. Hence, it establishes that the deployment of smart grid technologies is crucial for meeting the goal of a sustainable energy future. Thereafter it addresses legal issues arising from their deployment, those being the need for regulation and the right to access to and to process data generated from the operation thereof.

Research paper thumbnail of ‘Investment on Oil Refinery and Electricity Production Unit’ (in Greek)

Periballon & Dikaio, 2018

This paper discusses the case Plama v. Bulgaria (ICSID Case No. ARB/03/24), where the Tribunal fo... more This paper discusses the case Plama v. Bulgaria (ICSID Case No. ARB/03/24), where the Tribunal found that the investment at hand was the result of deliberate concealment amounting to fraud, a conduct contrary to both national and international law that precludes the application of the Energy Charter Treaty. The paper also makes a short note on the development of protection of shareholders under diplomatic protection (Barcelona Traction) to the current ISDS schemes (Total v. Argentina and Plama v. Bulgaria). Finaly it makes mention of the standard of proof required for substantiating allegations of fraud.

Research paper thumbnail of 'The Applicability of the Energy Charter Treaty’ (in Greek)

Periballon & Dikaio, 2018

This paper discusses the cases Yukos, Hulley and Veteran Petroleum v. Russia (PCA Case Nos AA 227... more This paper discusses the cases Yukos, Hulley and Veteran Petroleum v. Russia (PCA Case Nos AA 227, 226, 228) . It makes reference to litigation proceedings for the enforcement of this award, as well as the fact that four other arbitration proceedings were based on the same factual background (RosInvestCo, Quasar, Luxtona Limited and Yukos Capital). It notes the specifics of the fork-in-the-road objection in international arbitration, as well as the notion of good faith, claims related to taxation measures under the Energy Charter Treaty and 'creeping' expropriation.

Research paper thumbnail of ‘Range of Disputes under the Energy Charter Treaty’

OGEL/TDM Special Issue with ArbitralWomen ‘Strategic Considerations in Energy Disputes’, 2018

Aim of this paper is to proffer a brief and comprehensive overview of the energy investment juris... more Aim of this paper is to proffer a brief and comprehensive overview of the energy investment jurisprudence that has developed on the basis of the ECT. Cases that have been settled and/ or discontinued, as well as those concluded, albeit not offering the award in public, shall not be discussed. Similarly, though due to linguistic obstacles, the Spanish award in Isolux Infrastructure v. Spain (SCC Case No. V2013/153) is not included.
The paper is structured in the following manner: at the outset, it elaborates on the purpose of the ECT, including a brief historical remark. In the following part, which constitutes the bulk of this paper, it displays decisions and final awards, shortly explaining the alleged breach(es), any third parties or parallel proceedings, the factual background and the conclusions of the tribunals. Thereafter, it summarizes the objects that were aspired and the ones that have been achieved under the ECT, in the sense of assessing a compilation of the already displayed jurisprudence against the ECT’s object. Subsequently, it offers some concluding remarks. The paper ends with two tables: the first sets out cases, both pending and concluded, where decisions and final awards have been issued; and the second sets out pending cases, where neither decisions nor awards have been issued. The first was made with the intent to offer a succinct demonstration of the jurisprudence to practitioners, whereas the latter aims at showing the steep rising in requesting arbitration protection on limited and often reiterated matters of law and questions of fact.

Research paper thumbnail of ‘Issues of Environmental Damage from Oil Activities’ (in Greek)

Periballon & Dikaio, 2018

This paper discusses the Second Partial Award on Track II of August 30, 2018 of the case Chevron ... more This paper discusses the Second Partial Award on Track II of August 30, 2018 of the case Chevron and Texaco v. Ecuador (PCA Case No. 2009-23). In these proceedings fraud was established most thoroughly with written evidence, video recordings and expert opinions that were obtained in the United States with a section 1782 Discovery. This award also highlights the role of national law in investment arbitration, in the sense of Chevron not bearing any liability for obligations prior to the merger at hand, as well as in the sense of payments constituting bribery. Finally, this is one of the very few awards in investment arbitration where the request for a declaratory relief was granted.

Research paper thumbnail of ‘The notion of waste – an overview of the legislation on waste’ (in Greek)

Periballon & Dikaio, 2018

This article attempts to provide a short analysis of the term waste and an overview of special ki... more This article attempts to provide a short analysis of the term waste and an overview of special kinds of waste, those being in - Greek - alphabetical order: inert waste, asbest, spent fuel, waste oils, extractive industries' waste, waste electrical and electronic equipment, waste batteries and accumulators, ship-generated waste, packaging waste, health care centre waste, municipal waste, urban waste water, biodegradable waste, bio-waste, hazardous waste, cargo residues, metallic mercury waste, processed-inactivated animal by-products, end-of life vehicles, radioactive waste, liquid waste and used PCB. These notions have been grouped in wastes having specific properties, wastes aiming to prevention and re-use, wastes related to urban living and wastes from special facilities. Statutory definitions of the aforementioned waste are set out along with correlation to the EU Directive that is being implemented through each national law, as well as a short description of the duties born by the operator, holder and the state. This systematisation was deemed necessary, as these notions are the key to proper application of lex specialis, a task challenged by the fragmentation of national waste legislation.

Research paper thumbnail of 'Greek Soil Law'

International Yearbook of Soil Law and Policy, 2017

Greek Soil Law consists of statutory provisions on the prevention and remediation of adverse effe... more Greek Soil Law consists of statutory provisions on the prevention and remediation of adverse effects on soil, which are set out in a plethora of laws. These are the Environmental Protection Law, the legislation on Desertification and Drought, the legislation on Agriculture, the Legislation on Environmental Liability and the Legislation on Solid and Hazardous Waste. The relevant provisions, along with their sources, are described in this chapter. As court judgments on addressing soil-related legal issues are rather scarce and cryptic, some randomly selected administrative acts ordering soil remediation are portrayed and criticised in order to offer an insight to practice, highlight the strengths and weaknesses of the existing legal frame and offer some suggestions on questions currently open that need to be addressed.
Greek Soil Law is not codified in a single statute, although that could be reasonably expected in view of the continental legal system of Greece and especially the strong influence of the German law tradition. The statutory provisions providing for duties and rights relating to controlling both nature- and man-caused adverse effects to the soil are foreseen in laws principally adopting a wider environmental protection aim or regulating human activities. Further, the majority of these laws are the result of the state complying with obligations deriving from public international law or the European Union, as Greece has joined the—then—European Communities in 1981. Hence, where applicable, the ratified international treaty or the implemented EU legislation is provided, along with the French and German terminology, for the purpose of ensuring excellent understanding of the legal terms. More specifically, the laws setting out soil-related provisions in the order examined therein are the Environmental Protection Law, which sets out a general frame for protection of the environment; the legislation on Desertification and Drought, which has been enacted in order to fulfil the state’s obligations after joining the United Nations Convention to Combat Desertification; the legislation on Agriculture, which regulates the use of fertilisers and livestock manure, as well as sewage sludge; the Legislation on Environmental Liability, which implements the Environmental Liability Directive of the European Union; and the Legislation on Solid and Hazardous Waste, which contains provisions vital to soil remediation.

Research paper thumbnail of Range of Disputes under the Energy Charter Treaty

Transnational Dispute Management, 2018

Aim of this paper is to proffer a brief and comprehensive overview of the energy investment juris... more Aim of this paper is to proffer a brief and comprehensive overview of the energy investment jurisprudence that has developed on the basis of the ECT. Cases that have been settled and/ or discontinued, as well as those concluded, albeit not offering the award in public, shall not be discussed. Similarly, though due to linguistic obstacles, the Spanish award in Isolux Infrastructure v. Spain (SCC Case No. V2013/153) is not included. The paper is structured in the following manner: at the outset, it elaborates on the purpose of the ECT, including a brief historical remark. In the following part, which constitutes the bulk of this paper, it displays decisions and final awards, shortly explaining the alleged breach(es), any third parties or parallel proceedings, the factual background and the conclusions of the tribunals. Thereafter, it summarizes the objects that were aspired and the ones that have been achieved under the ECT, in the sense of assessing a compilation of the already displayed jurisprudence against the ECT’s object. Subsequently, it offers some concluding remarks. The paper ends with two tables: the first sets out cases, both pending and concluded, where decisions and final awards have been issued; and the second sets out pending cases, where neither decisions nor awards have been issued. The first was made with the intent to offer a succinct demonstration of the jurisprudence to practitioners, whereas the latter aims at showing the steep rising in requesting arbitration protection on limited and often reiterated matters of law and questions of fact.

Research paper thumbnail of Pressing Measures in Perilous Times: The Investment Perspective

Transnational Dispute Management, 2021

Research paper thumbnail of Smart grids and sustainable energy future in the international and European legal order

2018 6th International Istanbul Smart Grids and Cities Congress and Fair (ICSG), 2018

This paper examines smart grids under the International and European legal order, that being the ... more This paper examines smart grids under the International and European legal order, that being the rules set by the IEA, the IRENA, the UN, the OECD, the CoE, the Energy Community and the EU. It starts with identifying the legal notion of smart grids and proceeds with specifying their core function, while depicting the purpose of their deployment. It then evidences the insoluble connection between smart grids and achieving the mitigation objective of the Paris Agreement. Hence, it establishes that the deployment of smart grid technologies is crucial for meeting the goal of a sustainable energy future. Thereafter it addresses legal issues arising from their deployment, those being the need for regulation and the right to access to and to process data generated from the operation thereof.

Research paper thumbnail of Energy Corporations and Their Information Duties Towards State Authorities

European Energy and Environmental Law Review

This article identifies the statutory obligations, according to which energy corporations must di... more This article identifies the statutory obligations, according to which energy corporations must disclose any information that national authorities and the European Commission deem relevant to their duties under European Law. It then specifies the protection of commercially sensitive information under European Energy Law and Law on Trade Secrets along with the mechanisms that transform this protection from paper into reality. It establishes that the Law on Trade Secrets can be used to draw the line at the authorities’ powers. This is significant, as the information that can be requested by the authorities can, and usually does, contain invaluable information, to the dismay of energy corporations electricity, natural gas, hydrocarbons, data, information, commercially sensitive information, trade secrets

Research paper thumbnail of Energy Corporations and Their Information Duties Towards State Authorities

30 (2) EEELR 62-71 , 2021

This article identifies the statutory obligations, according to which energy corporations must di... more This article identifies the statutory obligations, according to which energy corporations must disclose any information that national authorities and the European Commission deem relevant to their duties under European Law. It then specifies the protection of commercially sensitive information under European Energy Law and Law on Trade Secrets along with the mechanisms that transform this protection from paper into reality. It establishes that the Law on Trade Secrets can be used to draw the line at the authorities’ powers. This is significant, as the information that can be requested by the authorities can, and usually does, contain invaluable information, to the dismay of energy corporations.

Research paper thumbnail of ‘Renewable Energy’ (in Greek)

K. Antonopoulos & H. Aroni (eds) ‘Introduction to International Energy Law’, 2020

This paper sets out the International Conventions, or better the lack of such, regulating renewab... more This paper sets out the International Conventions, or better the lack of such, regulating renewable energy. It focuses on the policy papers encouraging its deployment and portrays renewable energy from the perspective of energy decarbonization, nuclear energy, natural gas, 'clean' or green coal, energy efficiency, energy security, technological development and financial prosperity.

Research paper thumbnail of ‘The Energy Charter Treaty’ (in Greek)

K. Antonopoulos & H. Aroni (eds) ‘Introduction to International Energy Law’, 2020

This chapter discusses the Energy Charter Treaty and more specifically, the historical context of... more This chapter discusses the Energy Charter Treaty and more specifically, the historical context of its making, its scope and purpose, the standards of protection for investors and investments (Arts 10 and 13), the non-application of Part III in certain circumstances (Art. 17), the provisional application (Art. 45) and withdrawal (Art. 47).

Research paper thumbnail of ‘The Islamic Revolution of 1979 in Iran and Oil Disputes’ (in Greek)

Periballon & Dikaio, 2020

This paper discusses the Iran-U.S.Cl.Tr. cases Amoco and Phillips Petroleum with a note on the no... more This paper discusses the Iran-U.S.Cl.Tr. cases Amoco and Phillips Petroleum with a note on the notion of force majeure and the precise meaning of expropriation as opposed to the one of nationalization, including the obligation of reparation the extend of which depends upon the lawfulness or unlawfulness of the taking at hand

Research paper thumbnail of ‘The Islamic Revolution of 1979 in Iran and Oil Disputes’ (in Greek)

Periballon & Dikaio, 2019

This paper discusses the events of 1978/1979 in Iran, the ICJ Case Concerning United States Diplo... more This paper discusses the events of 1978/1979 in Iran, the ICJ Case Concerning United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran), the mediation offered by Algeria and the Algiers records as well as the Iran-U.S.Cl.Tr. case Mobil Oil and Government of Iran. It elaborates the notions of nationalization and expropriation, as explained in the latter decision.

Research paper thumbnail of ‘Smart Buildings – from flat-rates to smart metering’ (in Greek)

Periballon & Dikaio, 2019

This paper sets out an analysis of the EU legislation on energy efficiency since its genesis in t... more This paper sets out an analysis of the EU legislation on energy efficiency since its genesis in the early 90’s up to the legal framework currently in force. Naturally, it equally analyses the EU legislation specifically targeted on energy efficiency of buildings which aims to all new buildings being “nearly zero-energy buildings” by December 31, 2020- Further, it includes remarks on the undeniable interrelation between energy efficiency and energy security having regard of national security interests expressed by the Estonian Foreign Intelligence Service, the State Security Department of the Republic of Lithuania, the Norwegian Intelligence Service and NATO.

Research paper thumbnail of ‘Supply of fuels and diesel Generators’ (in Greek)

Periballon & Dikaio, 2019

This paper discusses the final award in Lighthouse v. Timor-Leste (ICSID Case No. ARB/15/2), an I... more This paper discusses the final award in Lighthouse v. Timor-Leste (ICSID Case No. ARB/15/2), an ICSID arbitration initiated under an arbitration clause in a contract for fuel supply. The claims have been rejected for lack of jurisdiction. The paper highlights the effects of iura novit curia and goes through the procedural orders that offer a clear view of the ICSID proceedings.

Research paper thumbnail of ‘International Energy Disputes that Arose from the Financial Crisis in Argentina (1999 - 2002)’ (in Greek)

Periballon & Dikaio, 2019

This paper discusses the cases Pan American & BP v. Argentina (ICSID Case Nos ARB/03/13 & ARB/04/... more This paper discusses the cases Pan American & BP v. Argentina (ICSID Case Nos ARB/03/13 & ARB/04/8) and Total v. Argentina (ICSID Case No. ARB/04/01), as well as the non-binding nature of jurisprudence in investment arbitration, the effects of a BIT requiring a lawful investment for its standards of protection to apply, the principle of estoppel, indirect expropriation, legitimate expectations and fair and equitable treatment.

Research paper thumbnail of ‘International Energy Disputes that Arose from the Financial Crisis in Argentina (1999 - 2002)’ (in Greek)

Periballon & Dikaio, 2019

This paper discusses the cases CMS v. Argentina (ICSID Case No. ARB/01/8) and El Paso v. Argentin... more This paper discusses the cases CMS v. Argentina (ICSID Case No. ARB/01/8) and El Paso v. Argentina (ICSID Case No. ARB/03/15), the evidential value of arguments at the jurisdiction phase, the notion of dispute, umbrella clauses and stabilization clauses, applicable law in investment disputes, the ability of shareholders to file claims, legitimate expectations, fair and equitable treatment, discriminatory and arbitrary treatment, and full protection and security,

Research paper thumbnail of ‘Smart Grids and Sustainable Energy Future in the International and European Legal Order’

A.Y. Camurcu & A. Cetin (eds), ICSG Istanbul 2018 Proceedings, 2018

This paper examines smart grids under the International and European legal order, that being the ... more This paper examines smart grids under the International and European legal order, that being the rules set by the IEA, the IRENA, the UN, the OECD, the CoE, the Energy Community and the EU. Ιt starts with identifying the legal notion of smart grids and proceeds with specifying their core function, while depicting the purpose of their deployment. It then evidences the insoluble connection between smart grids and achieving the mitigation objective of the Paris Agreement. Hence, it establishes that the deployment of smart grid technologies is crucial for meeting the goal of a sustainable energy future. Thereafter it addresses legal issues arising from their deployment, those being the need for regulation and the right to access to and to process data generated from the operation thereof.

Research paper thumbnail of ‘Investment on Oil Refinery and Electricity Production Unit’ (in Greek)

Periballon & Dikaio, 2018

This paper discusses the case Plama v. Bulgaria (ICSID Case No. ARB/03/24), where the Tribunal fo... more This paper discusses the case Plama v. Bulgaria (ICSID Case No. ARB/03/24), where the Tribunal found that the investment at hand was the result of deliberate concealment amounting to fraud, a conduct contrary to both national and international law that precludes the application of the Energy Charter Treaty. The paper also makes a short note on the development of protection of shareholders under diplomatic protection (Barcelona Traction) to the current ISDS schemes (Total v. Argentina and Plama v. Bulgaria). Finaly it makes mention of the standard of proof required for substantiating allegations of fraud.

Research paper thumbnail of 'The Applicability of the Energy Charter Treaty’ (in Greek)

Periballon & Dikaio, 2018

This paper discusses the cases Yukos, Hulley and Veteran Petroleum v. Russia (PCA Case Nos AA 227... more This paper discusses the cases Yukos, Hulley and Veteran Petroleum v. Russia (PCA Case Nos AA 227, 226, 228) . It makes reference to litigation proceedings for the enforcement of this award, as well as the fact that four other arbitration proceedings were based on the same factual background (RosInvestCo, Quasar, Luxtona Limited and Yukos Capital). It notes the specifics of the fork-in-the-road objection in international arbitration, as well as the notion of good faith, claims related to taxation measures under the Energy Charter Treaty and 'creeping' expropriation.

Research paper thumbnail of ‘Range of Disputes under the Energy Charter Treaty’

OGEL/TDM Special Issue with ArbitralWomen ‘Strategic Considerations in Energy Disputes’, 2018

Aim of this paper is to proffer a brief and comprehensive overview of the energy investment juris... more Aim of this paper is to proffer a brief and comprehensive overview of the energy investment jurisprudence that has developed on the basis of the ECT. Cases that have been settled and/ or discontinued, as well as those concluded, albeit not offering the award in public, shall not be discussed. Similarly, though due to linguistic obstacles, the Spanish award in Isolux Infrastructure v. Spain (SCC Case No. V2013/153) is not included.
The paper is structured in the following manner: at the outset, it elaborates on the purpose of the ECT, including a brief historical remark. In the following part, which constitutes the bulk of this paper, it displays decisions and final awards, shortly explaining the alleged breach(es), any third parties or parallel proceedings, the factual background and the conclusions of the tribunals. Thereafter, it summarizes the objects that were aspired and the ones that have been achieved under the ECT, in the sense of assessing a compilation of the already displayed jurisprudence against the ECT’s object. Subsequently, it offers some concluding remarks. The paper ends with two tables: the first sets out cases, both pending and concluded, where decisions and final awards have been issued; and the second sets out pending cases, where neither decisions nor awards have been issued. The first was made with the intent to offer a succinct demonstration of the jurisprudence to practitioners, whereas the latter aims at showing the steep rising in requesting arbitration protection on limited and often reiterated matters of law and questions of fact.

Research paper thumbnail of ‘Issues of Environmental Damage from Oil Activities’ (in Greek)

Periballon & Dikaio, 2018

This paper discusses the Second Partial Award on Track II of August 30, 2018 of the case Chevron ... more This paper discusses the Second Partial Award on Track II of August 30, 2018 of the case Chevron and Texaco v. Ecuador (PCA Case No. 2009-23). In these proceedings fraud was established most thoroughly with written evidence, video recordings and expert opinions that were obtained in the United States with a section 1782 Discovery. This award also highlights the role of national law in investment arbitration, in the sense of Chevron not bearing any liability for obligations prior to the merger at hand, as well as in the sense of payments constituting bribery. Finally, this is one of the very few awards in investment arbitration where the request for a declaratory relief was granted.

Research paper thumbnail of ‘The notion of waste – an overview of the legislation on waste’ (in Greek)

Periballon & Dikaio, 2018

This article attempts to provide a short analysis of the term waste and an overview of special ki... more This article attempts to provide a short analysis of the term waste and an overview of special kinds of waste, those being in - Greek - alphabetical order: inert waste, asbest, spent fuel, waste oils, extractive industries' waste, waste electrical and electronic equipment, waste batteries and accumulators, ship-generated waste, packaging waste, health care centre waste, municipal waste, urban waste water, biodegradable waste, bio-waste, hazardous waste, cargo residues, metallic mercury waste, processed-inactivated animal by-products, end-of life vehicles, radioactive waste, liquid waste and used PCB. These notions have been grouped in wastes having specific properties, wastes aiming to prevention and re-use, wastes related to urban living and wastes from special facilities. Statutory definitions of the aforementioned waste are set out along with correlation to the EU Directive that is being implemented through each national law, as well as a short description of the duties born by the operator, holder and the state. This systematisation was deemed necessary, as these notions are the key to proper application of lex specialis, a task challenged by the fragmentation of national waste legislation.

Research paper thumbnail of 'Greek Soil Law'

International Yearbook of Soil Law and Policy, 2017

Greek Soil Law consists of statutory provisions on the prevention and remediation of adverse effe... more Greek Soil Law consists of statutory provisions on the prevention and remediation of adverse effects on soil, which are set out in a plethora of laws. These are the Environmental Protection Law, the legislation on Desertification and Drought, the legislation on Agriculture, the Legislation on Environmental Liability and the Legislation on Solid and Hazardous Waste. The relevant provisions, along with their sources, are described in this chapter. As court judgments on addressing soil-related legal issues are rather scarce and cryptic, some randomly selected administrative acts ordering soil remediation are portrayed and criticised in order to offer an insight to practice, highlight the strengths and weaknesses of the existing legal frame and offer some suggestions on questions currently open that need to be addressed.
Greek Soil Law is not codified in a single statute, although that could be reasonably expected in view of the continental legal system of Greece and especially the strong influence of the German law tradition. The statutory provisions providing for duties and rights relating to controlling both nature- and man-caused adverse effects to the soil are foreseen in laws principally adopting a wider environmental protection aim or regulating human activities. Further, the majority of these laws are the result of the state complying with obligations deriving from public international law or the European Union, as Greece has joined the—then—European Communities in 1981. Hence, where applicable, the ratified international treaty or the implemented EU legislation is provided, along with the French and German terminology, for the purpose of ensuring excellent understanding of the legal terms. More specifically, the laws setting out soil-related provisions in the order examined therein are the Environmental Protection Law, which sets out a general frame for protection of the environment; the legislation on Desertification and Drought, which has been enacted in order to fulfil the state’s obligations after joining the United Nations Convention to Combat Desertification; the legislation on Agriculture, which regulates the use of fertilisers and livestock manure, as well as sewage sludge; the Legislation on Environmental Liability, which implements the Environmental Liability Directive of the European Union; and the Legislation on Solid and Hazardous Waste, which contains provisions vital to soil remediation.

Research paper thumbnail of Cyprus, in: Jacques H. Herbots (ed.) International Encyclopaedia for Contracts

Kluwer Law International, 2018

Research paper thumbnail of Cyprus, in: Kurt Deketelaere (ed.) International Encyclopaedia for Environmental Law

Kluwer Law International, 2016

This national monograph contains, besides a general introduction, a description of the country’s ... more This national monograph contains, besides a general introduction, a description of the country’s environmental legislation, an overview of the basic principles of environmental law, the historical background, the role of governmental institutions, and the sources of environmental law. Other subjects covered include pollution control legislation, nature and conservation management, zoning and land-use planning, liability questions,and judicial remedies.

Research paper thumbnail of Cyprus, in: Kurt Deketelaere & Bram Delvaux (ed.) International Encyclopaedia for Energy Law

Kluwer Law International, 2015

Research paper thumbnail of Environmental Law - the implementation of Directives of the European Union in Cyprus (in Greek)

Sakkoulas Publications, Athens,, 2013

Research paper thumbnail of Smart Grids and Sustainable Energy Future in the International and European Legal Order

6th International Istanbul Smart Grid and Cities Congress and Fair (Istanbul, Turkey) 2018

Research paper thumbnail of Πληροφορίες κατά την Έρευνα, Αναζήτηση και Εκμετάλλευση Υδρογονανθράκων στην Κυπριακή Δημοκρατία

Επιστημονική Ημερίδα 'Ο τομέας της Ενέργειας σε κίνηση: Πτυχές της απελευθέρωσης της αγοράς Ηλεκτ... more Επιστημονική Ημερίδα 'Ο τομέας της Ενέργειας σε κίνηση: Πτυχές της απελευθέρωσης της αγοράς Ηλεκτρικής Ενέργειας στην Ελλάδα' (Κομοτηνή) 2017

Research paper thumbnail of Civil, administrative and penal sanctions in Environmental Law of Cyprus

3rd EELF Conference (Aix-en-Provence, France), 2015

This paper outlines the provisions on administrative and penal sanctions of Cypriot environmental... more This paper outlines the provisions on administrative and penal sanctions of Cypriot environmental legislation. Other sanctions are also set out, which are named as 'civil' as they appear to have an administrative nature, but they are ordered by a Court of Law during a penal procedure. Hence, their true nature is still to be explored. It further addresses the issue of effectiveness of the environmental legislation of Cyprus. Aiming to this, the number of judgments issued by Cypriot courts is compared to the ones issued by German courts on the grounds of national laws that have implemented the same directives of the EU. Thus, the outcome of this comparison answers the question of whether the outlined provisions have been used in order to solve the environmental problems of the island.

Research paper thumbnail of Η Ευθύνη για την Δράση Αποκατάστασης σύμφωνα με τον Ομοσπονδιακό Νόμο για την Προστασία του Εδάφους της Γερμανίας (Bundes-Bodenschutzgesetz)

2ο Ετήσιο Συνέδριο Ένωσης Ελλήνων Δημοσιολόγων (Θεσσαλονίκη), 2015

Χαραλαμπίδου, Η ευκφνθ για τθν δράςθ αποκατάςταςθσ κατά τον BBodSchG 7/ 16