Abstract
This article provides an analysis of the United States and European laws surrounding the protection of investors in the midstream/downstream energy sector. The United States’ Mobile-Sierra Doctrine is laid out in a comprehensible fashion with short factual backgrounds and case analysis for the Doctrine’s development. A similar review is undertaken for European laws and cases affecting investor security. The analysis concludes by highlighting that the regimes protect a different player in the midstream/downstream energy sector. The United States protects the sanctity of the contract and, by extension, the investor. Whilst the European Union’s legal regime tends to protect the consumer, and attempts to provide a free-trade market. The paradox that ensues is that the short-term protection of the consumer may not be in the consumer’s long-term interest.
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