All posts tagged: investment law


The New Energy Charter Treaty in Light of The Climate Emergency 

After 2 years and 15 negotiation rounds, on June 24, 2022, the Contracting Parties of the Energy Charter Treaty (“ECT”) finaly reached an agreement in principle on a reform of the Treaty. The deal, the detailed text of which remains confidential, contains a package of amendments and changes meant to modernise the Treaty’s investment provisions and bring it in line with the Paris Agreement (the “new ECT”). Crucially, this new ECT will grant existing fossil fuel investments in the European Union and the United Kingdom an additional 10 years of investment protection and even maintain, for now, indefinite protection in other Contracting Parties. It is therefore clearly not aligned with the rapid phase-out of fossil fuels that science shows is required to avoid climate catastrophe, or consistent with the International Energy Agency’s (“IEA”) widely recognised scenario to limit global warming to 1.5°C above pre-industrial levels. Amandine Van den Berghe, Lukas Schaugg and Helionor de Anzizu have the details. This blog was originally published on Jus Mundi.

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