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PROF. ANATOLE BOUTE
Professor
Outstanding Fellow of the Faculty of Law

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(852) 3943 1927 / 3943 0921

(852) 2994 2505

anatole.boute@cuhk.edu.hk

Room 527
Faculty of Law
5/F, Lee Shau Kee Building
The Chinese University of Hong Kong
Sha Tin, NT, Hong Kong SAR

Anatole Boute, PhD in Law (2011, University of Groningen), is a Professor at the Chinese University of Hong Kong, specializing in the fields of energy, environmental and investment law. His research focuses on the legal aspects of the transition of energy systems towards sustainability, with a special interest for energy market reforms in emerging economies.

Anatole Boute graduated in Political Sciences (2003) and Law (2004) from the University of Leuven and holds an advanced master (LLM) in Energy and Environmental Law (2005) from the same university. In 2005, he was called to the Brussels bar where he practiced until 2009 with the Energy Law team of Janson Baugniet. He advised on and was involved in litigation concerning the promotion of renewable energy sources, energy efficiency, greenhouse gas emissions trading, the liberalization of energy markets and nuclear energy.

In January 2011, he defended his PhD on the modernization of the Russian electricity production sector at the University of Groningen under the supervision of Professor Martha Roggenkamp. Based on the results of this research, he advised the United Nations Conference on Trade and Development (World Investment Report 2010), the International Energy Agency (2014 In-Depth Review of the Russian Energy Sector) and the Energy Charter Secretariat (Power Sector Reform in Central Asia). Between 2011 and 2016, he was legal advisor to the International Finance Corporation Russia Renewable Energy Program (The World Bank).

He is the author of Russian Electricity and Energy Investment Law (Leiden/Boston: Brill Nijhoff, 2015) and of articles in several internationally peer reviewed journals, including the Fordham International Law Journal, ICSID Review, Common Market Law Review, Transnational Environmental Law, Journal of Environmental Law, European Law Review, Europe-Asia Studies, Energy Policy. In 2009, he received the Willoughby Prize for his articles published in the Journal of Energy & Natural Resources Law. His research output is partly available at http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=878060 and https://scholar.google.com/citations?user=I8YWV8gAAAAJ&hl=fr.

Anatole Boute is the founder of the LLM program in Energy and Environmental Law and is in charge of the program’s coordination.

Anatole Boute is the Principal Investigator of “Greenhouse Gas Emissions Trading in China: Insights from the EU’s Experience” funded by the General Research Fund of Hong Kong (GRF 2016) and of “China’s Shaping of the Eurasian Energy Market: Protecting Chinese Outbound Investments Along the Belt and Road” (GRF 2018). He co-organized the conference on “The Regulation of Energy Investments along the Belt and Road” (2017, CUHK-KAS-ECS).

SELECTED PUBLICATIONS

Books

Selected book chapters

  • “The Rights of Environmental Investors: the Case of Renewable Energy”, in S. Bogojevic and R. Rayfuse (eds.), Environmental Rights in Europe and Beyond (Hart Publishing, forthcoming 2018).
  • “Water Management in Central Asia: the Role of Energy, Trade and Investment Law”, in Julien Chaisse (ed.), The Regulation of the Global Water Services Market (CUP, 2017).
  • “The Principle of ‘Good Neighbourliness’ in the EU’s External Energy Relations: The Case of Energy Transit”, in D. Kochenov and E. Basheska (eds.), The Principle of Good Neighbourliness in the European Legal Context (Brill Nijhoff, 2015) 354-387.
  • “Energy Trade and Investment Law: International Limits to EU Energy Law and Policy”, in M. Roggenkamp et al. (eds.), Energy Law in Europe – Third Edition (OUP, 2016) 137-185.
  • “The Russian Electricity Market Reform: Towards the Re-regulation of the Liberalized Market”, in F. Sioshansi (ed.), The Evolution of Global Electricity Markets (Elsevier, 2013) 461-496.
  • “The EU’s Shaping of an International Law on Energy Efficiency”, in D. Kochenov and F. Amtenbrink (eds.), The EU’s Shaping of International Law (CUP, 2013) 238-260.
  • “The Yukos Decision on Jurisdiction and its Impact on Energy Investments in Russia”, in M. Roggenkamp and U. Hammer (eds.), European Energy Law Report VIII (Intersentia, 2011) 165-182.

    Selected articles

    • “Environmental Force Majeure: Relief from Fossil Energy Contracts in the Decarbonisation Era” Journal of Environmental Law (2021, forthcoming).
    • “The Principle of Solidarity and the Geopolitics of Energy: Poland v. Commission (OPAL pipeline)” Common Market Law Review (2020) 889–914 (case note).
    • “Regulatory Stability and Renewable Energy Investment: the Case of Kazakhstan” (2020) Renewable & Sustainable Energy Reviews 109673.
    • “Emissions Trading in Regulated Electricity Markets” (2020) Climate Policy (with William Acworth, Mariza Montes de Oca, Carlotta Piantieri & Felix Christian Matthes) 60-70.
    • “Price Stabilization Mechanisms in China’s Pilot Emissions Trading Schemes: Design and Performance” (2020) Climate Policy (with Banban Wang and Xiujie Tan) 46-59.
    • “Vested Interests as Driver of the Clean Energy Transition: Evidence from Russia’s Solar Energy Policy” (2019) 133 Energy Policy 110910 (with Alexey Zhikharev).
    • “Economic Statecraft and Investment Arbitration” (2019) University of Pennsylvania Journal of International Law (forthcoming).
    • “Fixing the Emissions Trading Scheme: Carbon Price Stability in the EU and China” (2019) 26 European Law Journal (with Hao Zhang) (forthcoming)
    • “China’s External Energy Security: Energy Trade and Investment Along the ‘Belt and Road’” (2019) 20(2) Journal of World Investment & Trade (forthcoming)
    • “The Role of the Market and Direct Regulation in Decarbonising China’s Energy Supply” (2018) 30(2) Journal of Environmental Law 261–284 (with Hao Zhang)
    • “The Impossible Transplant of the EU Emissions Trading Scheme: The Challenge of Energy Market Regulation” (2017) Transnational Environmental Law 59-85.
    • “The Water-Energy-Climate Nexus under International Law: A Central Asian Perspective” (2016) Michigan Journal of Environmental & Administrative Law 371-434.
    • “Off-grid Renewable Energy in Remote Arctic Areas” (2016) Renewable and Sustainable Energy Reviews 1029-1037.
    • “Regulatory Stability under Russian and EU Energy Law” (2015) Maastricht Journal of European & Comparative Law 506-529.
    • “Toward an EU-Russia Energy Agreement: Principles of Liberalization under EU and Russian Energy Law” (2015) Review of Central and East European Law 109-141.
    • “The Protection of Russian Investments in the EU Energy Market: A Case in Support of Russia’s Ratification of the Energy Charter Treaty” (2014) ICSID Foreign Investment Law Journal 525-547.
    • “Renewable Energy Federalism in Russia: Regions as New Actors for the Promotion of Clean Energy” (2013) Journal of Environmental Law 261-291.
    • “Energy Efficiency as a New Paradigm of the European External Energy Policy – The Case of the EU-Russian Energy Dialogue” (2013) Europe-Asia Studies 1021-154.
    • “International Trade and Investment Law and Carbon Management Technologies” (2013) Natural Resources Journal  285-324 (with Shi-Ling Hsu, Nigel Bankes, Steve Charnovitz, Sara McCalla, Nic Rivers and Liz Whitsitt).
    • “Combating Climate Change through Investment Arbitration” (2012) Fordham International Law Journal 613-664.
    • “Modernizing the Russian District Heating Sector: Financing Energy Efficiency and Renewable Energy Investments under the New Federal Heat Law” (2012) Pace Environmental Law Review 746-810.
    • “The Quest for Regulatory Stability in the EU Energy Market: An Analysis through the Prism of Legal Certainty” (2012) European Law Review 675-692.
    • “RUSTEC: Greening Europe’s Energy Supplying by Developing Russia’s Renewable Energy Potential” (2012) 51 Energy Policy 618-629 (with Patrick Willems).
    • “Promoting Renewable Energy through Capacity Markets: An Analysis of the Russian Support Scheme” (2012) 46 Energy Policy 68-77.
    • “Challenging the Re-regulation of Liberalized Electricity Prices under Investment Arbitration” (2011) Energy Law Journal 497-439.
    • “The Protection of Property Rights under the European Convention on Human Rights and the Promotion of Low-Carbon Investments” (2010) Climate Law 93-132.
    • “Carbon Capture and Storage under the Clean Development Mechanism – An Overview of Regulatory Challenges” (2008) Carbon and Climate Law Review 339-352.
    • “Environmental Protection and EC Antitrust Law: The Commission’s Approach for Packaging Waste Management Systems” (2006) Review of European Community and International Environmental Law 146-159.

    Selected book reviews

    • Review of V. Pogoretskyy, Freedom of Transit and Access to Gas Pipeline Networks under WTO Law (CUP, 2017), in (2018) 77(3) Cambridge Law Journal 659-661.
    • Review of D. Azaria, Treaties on Transit of Energy via Pipelines and Countermeasures (OUP, 2015), in (2016) 75(1) Cambridge Law Journal 169-171.
    • Review of L. Hancher, A. de Hauteclocque and M. Sadowska (eds.), Capacity Mechanisms in the EU Energy Market: Law, Policy and Economics (OUP, 2015), in (2017) 42(5) European Law Review 781-783.
    • Review of M. Sadowska, Committed to Reform? Pragmatic Antitrust Enforcement in Electricity Markets (Intersentia, 2014), in (2016) Common Market Law Review.
    • Review of P. Mäntysaari, EU Electricity Trade Law: The Legal Tools of Electricity Producers in the Internal Electricity Market (Springer, 2015), in (2016) European Law Review.
    • Review of J. Viñuales (ed.), The Rio Declaration on Environment and Development: A Commentary (OUP, 2015), in (2016) Cambridge Law Journal 166-169.
    • Review of N. De Sadeleer, EU Environmental Law and the Internal Market (OUP, 2014), in (2015) Cambridge Law Journal 178-180.
    • Review of S. Bogojević, Emissions Trading Schemes: Markets, States and the Law (Hart Publishing, 2013), in (2014) Cambridge Law Journal 188-191.
    • Review of C. Rodgers, The Law of Nature Conservation (OUP, 2013) in (2013) Cambridge Law Journal 796-199.
    • Review of T. Roe and M. Happold, Settlement of Investment Disputes under the Energy Charter Treaty (CUP, 2011), in (2013) Cambridge Law Journal 475-477.

      Reports

      • Towards Secure and Sustainable Energy Supply in Central Asia: Electricity Market Reform and Investment Protection (Brussels: Energy Charter Secretariat, 2015), available at here.
      • Financing Off-Grid Renewable Energy Investments in Russia’s Isolated Areas (Washington, DC: The World Bank Group, forthcoming).
      • Russia’s New Capacity-based Renewable Energy Support Scheme: An Analysis of Decree No. 449 (Washington, DC: The World Bank Group, 2013) (also published in Russian), available at here.
      • Regional Renewable Energy Tariffs in Russia (Washington, DC: The World Bank Group, 2013), available at here.
      • Financing Renewable Energy Investments in Russia: Legal Challenges and Opportunities (Washington, DC: The World Bank Group, 2012) (also published in Russian), available at here.
      • Renewable Energy Policy in Russia: Waking the Green Giant (Washington, DC: The World Bank Group, 2011) (also published in Russian), available at here.