Title: The Energy Charter Treaty Crisis – Old Wine in a New Bottle
Author(s): Harshad Pathak (View Profile)
Journal: Indian Review of International Arbitration
The ECT is a multilateral treaty that has been the subject of incessant controversy. Signed in December 1994, and in force since April 1998, the ECT establishes a legal framework to promote long-term cooperation in the field of energy, based on certain complementarities and mutual benefits, in accordance with the objectives and principles of the European Energy Charter. This framework includes provisions for Investment Promotion and Protection, any alleged breaches of which may be adjudicated by an investment arbitration tribunal if opted by the investor. This includes claims advanced by foreign investors seeking compensation for measures adopted by the ECT contracting Parties to transition towards clean energy sources and to combat climate change by reducing their carbon emissions in accordance with the 2015 Paris Agreement.
Cite this as: Harshad Pathak, “The Energy Charter Treaty Crisis – Old Wine in a New Bottle” 2 IRIArb (2022).
Keywords:Energy Charter Treaty, Critical Legal Studies, Paris Agreement, International Law, Investor-State
*The views expressed are of author(s) only.