Author
Dr Lu Wang
Organisation/Institution
University of New South Wales, Faculty of Law & Justice
Country
AUSTRALIA
Panel
International Investment Law
Title
Energy Security and Investment Protection: The Complex Case of China
Abstract
China’s energy strategy highlights the complex balance between ensuring energy supply and advancing long-term climate goals, especially amid intensified global geopolitical tensions. This paper investigates the intersection of energy security and international investment law, using China’s evolving approach as a case study to explore broader legal and strategic challenges. Despite its ambitious targets to peak carbon emissions by 2030 and achieve carbon neutrality by 2060, China remains heavily reliant on coal and domestic energy resources to address energy stability concerns. This raises questions about the extent to which investment treaties accommodate state actions focused on energy security and what legal challenges may arise, including potential Investor-State Dispute Settlement (ISDS) claims. The paper critically assesses the application of key treaty provisions, such as expropriation clauses and national security exceptions, when states take steps to secure energy supply. The analysis explores whether current legal frameworks effectively balance investor protections with the need for state regulatory autonomy. By reviewing disputes involving both fossil fuel and renewable energy investments, the study highlights arbitral inconsistencies and suggests reforms to better support energy transitions.
Biography
Dr. Lu Wang is a Lecturer and core member of the China International Business and Economic Law (CIBEL) Centre at the Faculty of Law and Justice, UNSW Sydney. Her research focuses on international investment law, international dispute resolution, and the regulation of international business in China. Dr. Wang has served as Scholar in Residence at ICSID and was a Visiting Fellow at the Lauterpacht Centre for International Law at the University of Cambridge.
