Pulling The Energy Charter Treaty Through The Crisis

Abstract

The Energy Charter Treaty (the “ECT” and/or the “Treaty”) has been under intense criticism for over a decade now, and the Energy Charter Secretariat's modernisation efforts unfortunately could not result in a consensus to address the concerns deriving from the practical difficulties in application of the ECT. This Article analyses the three most raised objections against the ECT in view of the relevant regulatory framework of the European Union (the “EU”) and its environmental targets and proposes solutions to address the concerns stemming from these objections. Three key issues examined in this Article are (i) the ECT's incompatibility with the EU law, (ii) the legal protection it provides to fossil fuel investments, and (iii) the signatory states' reluctance to enact progressive climate legislation due to the prospect of costly legal action under the Treaty. This Article argues for the revival of the ECT through comprehensive reforms that preserve the