Abstract
ExtractThe need for the protection of an international energy investment is acute, for several associated reasons. The vulnerability of the investors increases after the largest part of the investment is sunk, which makes the investment open to unilateral interventions by the associated host state. Hence, investors need to protect their investments in various ways. In order for an energy investor to rely on investment treaty protection in the event of a dispute, it must satisfy the requirements of that particular treaty. Its investment must qualify as such within the scope of that treaty. If an energy investor wishes to rely on the legitimate expectations principle in a dispute, as will be discussed in the following chapters, it must be able to show that it is an investor and that the investment fulfils the criteria set forth under the relevant treaty. Therefore, this chapter examines the criteria through which one can...