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Table of Cases
Table of Legislation
List of Abbreviations
1 The Concept of Transnational Law of Renewable Energy
I. Introduction
II. The Concept of Transnational Law
III. The Need for a Transnational Law in Renewable Energy
IV. The Link between Transnational Renewable Energy Law, Energy Transition, and Climate Law
V. Conclusion: The Purpose of this Book
2 What Is ‘Renewable Energy’?
I. Introduction
II. Renewable Energy and Decarbonization
III. What Makes Energy ‘Renewable’?
IV. The Leading Renewable Energy Sources
V. Renewable Energy Value Chains
VI. Challenges and Opportunities
VII. Conclusion
3 Regulation of Renewable Energy Projects
I. Introduction
II. The Relationship between Renewable Energy Projects and Public Utilities
III. The Independent Power Producer Model
IV. Transmission Access
V. Behind the Meter Transactions
VI. Conclusion: The Risk of Regulatory Change
4 Entry into the Market
I. Introduction
II. Licensing, Prequalification, and ‘Local Content’
III. Siting Renewable Energy Projects—Due Diligence Obligations
IV. Siting Renewable Energy Projects—Securing Rights
V. Renewable Gas Markets
VI. Conclusion
5 Tariff and Financial Support Structures in Deregulated Markets
I. Introduction
II. The Base Case—Renewables in a Competitive Marketplace
III. Carbon (Tax) Credits
IV. Feed-in Tariffs
V. Renewable Portfolio Standards
VI. Conclusion
6 Payment Terms and Financial Support Structures in Cost-of-service Markets
I. Introduction
II. The Base Case—Renewable Tenders and Sealed Bid Auctions
III. Renewable Rate-making and Feed-in Tariffs
IV. Complex Renewable Auctions
V. Conclusion
7 Construction of Renewable Power Projects
I. Introduction
II. The Solar Value Chain
III. The Wind Value Chain
IV. Additional Offshore Wind Value Chain Elements
V. The Hydropower Value Chain
VI. The Geothermal Value Chain
VII. Utility-scale Projects
VIII. Non-utility-scale Solar Projects
IX. Conclusion
8 Renewable Energy Project Financing
I. Introduction
II. The Concept of ‘Bankability’
III. The Basics of Project Finance
IV. Private Equity, Hedge Funds, and Sovereign Wealth Funds
V. Tax–Equity Finance Structures
VI. Development Finance
VII. Climate Finance
VIII. Export-based Finance
IX. Stacking Public Credit/Finance Support for Renewable Energy Projects
X. Conclusion
9 Joint Operations in Renewable Energy Projects
I. Introduction
II. The Economics of Joint Renewable Operations
III. Legal Challenges to Joint Operations
IV. Key Industry Agreements for Renewable Projects
V. Comparison to Joint Operations in Transnational Oil and Gas Projects
VI. Conclusion
10 Insolvency and Bankruptcy Regimes
I. Introduction
II. General Insolvency Principles Applicable to Renewable Energy Projects
III. Transboundary Insolvency Issues
IV. Conclusion
11 Dispute Resolution
I. Introduction
II. The Arbitration Paradigm
III. Multi-party Dispute Resolution
IV. Investment Treaty Protection
V. Contractual Stabilization and Arbitration as an Alternative to Investment Treaty Protection
VI. Conclusion
12 Alternative Dispute Resolution
I. Introduction
II. Negotiation
III. Mediation
IV. Expert Determination
V. Multi-level Dispute Resolution Clauses
VI. Community Engagement
VII. Conclusion
13 Renewable Energy and Sustainable Development Regimes
I. Introduction
II. Sustainable Development
III. Sustainable Development and Renewable Energy
IV. Operationalizing the Right to Development in Transnational Renewable Energy Projects
V. Conclusion
14 Human Rights, Community Development, and Renewable Energy Projects
I. Introduction
II. Sustainability Challenges for Renewable Energy
III. Human Rights and Environmental Due Diligence
IV. The Due Diligence Process
V. Conclusion
15 Conclusion
I. Introduction: The Transnational Moment
II. Using the Principles as a Means to Benchmark
III. Using the Principles as a Means to Update Regulatory and Commercial Frameworks
Index

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