ABSTRACT

International energy law as a distinct and specific area or sub-discipline of international law is arguably at a turning point in its evolution. Within international energy law itself, the basic set of relationships revolve around the legal framework for promoting and regulating investment in the energy industry. This chapter examines the emergence of the new, convergent paradigm for the roles of stakeholders and actors in the international energy investment law relationships. It discusses the hypothesis that international energy law has evolved to include groups and interests that were previously stakeholders, but are now actors within this legal field/sub-discipline. The chapter outlines significant legal changes afoot whereby previous ‘stakeholder’ interests, encompassing worker health and safety concerns, as well as environmental, social and cultural protection, are now being given ‘actor’ rights to uphold via different international institutional mechanisms such as investment arbitral tribunals, the World bank’s Inspection Panel and the International finance corporation's Compliance Advisor Ombudsman.