Full Description
This book contributes to a new paradigm shift towards sustaining the Energy Charter Treaty, which remains the key instrument on global energy governance and foreign investment. The book detangles the misunderstandings produced by Achmea and Micula, drawing upon the consequences of international energy investments in the EU.
The author demonstrates a clear solution where ECT tribunals respect the autonomy of EU law, while resolving intra-EU energy disputes. She achieves this by presenting for the first time comprehensive scholarly, jurisprudential and empirical findings proving that EU Law operates a functional role in analysing breaches of investment treaty protection. If applied effectively, this new approach can produce valid and enforceable intra-EU arbitration awards.
At a time when the ECT is being modernised, the conceptual standpoints presented offer a problem-solving approach to assist the arbitrator, academic, policymaker and legal practitioner in understanding both the present and the future of EU energy investments.
The book focuses on the low-carbon power sector, including electricity, nuclear and renewable energy disputes. The arguments advanced can be transplanted to other economic sectors and regional investment blocks, including CETA, EU-Singapore, EU-Mercosur, EU-Mexico and the EU-Australia Trade Agreements.
Contents
Interim Table of Contents
Introduction
I. The Argument
II. Why it Matters?
III. Approach, Terminology and Methodology
IV. Scope and Outline
Part I: The Past
Chapter One - Context
I. Historical Development of Energy Investments in Europe
II. The Emergence of EU Energy Law
III. Defining an EU Energy Investment
IV. Tracing the Problem
Part II: The Present
Chapter Two - Introducing the Energy Charter Treaty into the Scene
I. Subjects
II. Content
III. Generational Blocks
Chapter Three - EU Law in Investment Arbitration: Demystifying the Conflict, Explaining the Tension
I. Teasing Out the Intra-EU ECT Arbitration Process
II. Tension or Conflict?
Chapter Four - Limitation and Effects of the Interpretative Approaches
I. Protecting Policies and Values
II. Approaches
III. Limitations
IV. Effects
V. Suitability and Efficiency of a Desired Approach
Part III: The Future
Chapter Five - Investigating EU Law to Serve Intra-EU ECT Disputes
I. New Problem, New Solution: Modern Legal Theory for the ECT in the EU
II. The Functions of EU Law in Energy Investments
Chapter Six - The New ECT and the Future of EU Energy Investments
I. Modernization Process
II. ISDS and the Multilateral Investment Court
III. Energy Transition and Net Zero
IV. Innovation and Social Justice
V. The UK, Switzerland, Hong Kong and Elsewhere
VI. Energy Investments in Europe after the Pandemic
VII. The EU Mining in Space
Conclusions
