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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