The Withdrawal by the EU and some Member States from the Energy Charter Treaty: International Protection for Energy Investments and Climate Change Related Carve-outs

by | Jan 29, 2025 | Climate change, ECT Withdrawal, Energy, Energy Charter Treaty, Energy Dispute, european union

The present post focuses on the latest European development on the modernization of the Energy Charter Treaty (“ECT”). It will do so by putting it in a broader geopolitical context and linking it to the fossil fuel-related investments carve-out, not originally...

EU Member States’ Diverging Declarations on the Intra-EU Applicability of the ECT: Can the ECT be Disapplied Intra-EU as a Matter of International Law Without Modernization?

by | Jan 29, 2025 | Eastern Europe, ECT Modernisation, ECT Withdrawal, Energy Charter Treaty, EU Withdrawal Act, european union, Hungary, Intra-EU Investment Arbitration

On 26 June 2024, 26 of the 27 EU Member States, along with the EU, signed a Declaration on the Legal Consequences of the Judgment of the Court of Justice of the EU (“CJEU”) in Komstroy and a Common Understanding on the Non-applicability of Article 26 of the Energy...