Law Homework Help

Question 2:

Juniper Ltd, a company incorporated in the United Kingdom (UK), is operating a coal-power plant based on a 30-year concession issued by the government of Highlands in 2015.

In 2020, the Highlands Parliament has adopted a new law banning the generation of coal-fired power after 2030 in order to meet climate change goals set by recent multilateral agreements. A clear consequence of the new law is that Juniper’s coal-power plant will need to be closed down by 2030.

Juniper is now considering bringing a claim based on the BIT between the UK and Highlands signed and entered in to force in 2018. In particular, Juniper asks (1) whether the UK-HIghlands BIT applies in the circumstances at issue and (2) whether the new law is in breach of the expropriation and fair and equitable treatment (FET) provisions of that BIT. In giving your advice, assume that the UK-Highlands BIT is identical to the 2005 UK model BIT and ignore both jurisdictional and remedy issues.