THE ENERGY CHARTER TREATYEnergy Charter Treaty • November 1st, 2022
Having regard to the European Energy Charter adopted in the Concluding Document of the Hague Conference on the European Energy Charter signed at The Hague on 17 December 1991;
and Related DocumentsEnergy Charter Treaty • October 26th, 2020
European oil and gas fields and the Energy Charter TreatyEnergy Charter Treaty • February 22nd, 2021
The Energy Charter Treaty (ECT) is an international treaty designed to protect the interests of investors in energy infrastructure outside their home country. Under the ECT, investors can sue government if they are not fairly treated by them, in so-called investor-to-state dispute settlement cases. (ISDS)
The Energy Charter Treaty of 1994Energy Charter Treaty • December 10th, 2007
The Energy Charter Treaty was signed in Lisbon on 17 December 1994 by fifty-two contracting parties, including the European Community and all the member states at that time, Russia (which provisionally applies the Treaty) and the states of Eastern Europe, other European states, states of the former Soviet Union, Turkey, Japan and Australia (which has yet to deposit its instrument of ratification).
The Energy Charter Treaty and settlement of disputes – current challengesEnergy Charter Treaty • June 28th, 2016
The Energy Charter Treaty (the “ECT”) is a multilateral agreement aiming to promote energy cooperation and security. This paper focuses on the provisions of the ECT governing the protection of foreign investments and the settlement of disputes between investors and host states. In particular, this paper analyses the recent developments and challenges in the field of dispute settlement under the ECT, such as the increase in arbitrations, the withdrawal of Italy from the ECT, as well as the interplay between EU law and the ECT.
ENERGY CHARTER TREATY AND ITS RELEVANCE FOR EU - GCC COOPERATIONEnergy Charter Treaty • July 16th, 2007
TRAKTATEnergy Charter Treaty • July 21st, 2010
Having regard to the European Energy Charter adopted in the Concluding Document of the Hague Conference on the European Energy Charter signed at The Hague on 17 December 1991;
THE SCOPE OF APPLICATION OF ARTICLE 17 OF THE ENERGY CHARTER TREATYEnergy Charter Treaty • September 30th, 2008
The Energy Charter Treaty (the “ECT” or the “Treaty”) is a distinct multilateral treaty confined to the energy sector. The ECT was negotiated in a relatively short period of time - given the importance and scope of the Treaty (less than three years) - and contains, besides the provisions on trade and transit in the energy sector, modern provisions regarding protection of investments and dispute resolution settlement. Part III of the ECT on the investment promotion and protection recalls the substantive protection offered by modern bilateral and multilateral investment/trade agreements. The article examines the so-called “denial of benefits” clause under Article 17 of the ECT. The “denial of benefits” clause was inserted in investment treaties for at least two purposes: to maintain reciprocity or asymmetry with regard to the benefits arising out of the protection offered by investment treaties; and to exclude from the protection of the treaties the so called “shell companies”. The first
One Treaty to rule them allEnergy Charter Treaty • June 4th, 2018
Two decades ago, and without significant public debate, an obscure international agreement entered into force, the Energy Charter Treaty (ECT). It acts like the secret magical “One Ring to rule them all” from the Lord of the Rings trilogy, granting corporations enormous powers over our energy systems including the ability to sue governments, which could obstruct the transition from climate-wrecking fossil fuels towards renewable energy.
The Energy Charter Treaty in 2000: In a New PhaseEnergy Charter Treaty • October 7th, 2002
The Energy Charter Treaty (ECT) as a Mixed AgreementEnergy Charter Treaty • November 1st, 2023
From the perspective of EU law, the pressure on the EU to either reform the ECT or withdraw from it is high, both for sustainability reasons and because of the ECT’s incompatibility with EU law as far as intra-EU arbitration is concerned. In light of the rejection of the Council’s decision to endorse the modernized ECT, new questions with regard to the joint participation of the EU and its Member States arise. Following several Member States’ announcements to withdraw from the ECT, and the European Parliament’s resolution of 22 November 2022, calling for a coordinate withdrawal, the European Commission proposed such coordinated withdrawal on 7 July 2023. Although coordinated withdrawal is an optimal management of mixity, the question whether a legal obligation can be derived from the principle of sincere cooperation (Art 4(3) TEU) is to be discussed.
The Energy Charter Treaty: Transit and Model AgreementsEnergy Charter Treaty • March 10th, 2005
