Energy Charter Treaty: Towards a New Interpretation in the Light of Paris Agreement and Human Rights | Land Portal

Informations sur la ressource

Date of publication: 
janvier 2023
Resource Language: 
ISBN / Resource ID: 
LP-midp000068
Copyright details: 
© 2023 by the authors. Licensee MDPI, Basel, Switzerland. This article is an open access article

In addition to climate change, the current war in Ukraine has highlighted the urgency of a rapid transformation to post-fossility. This paper analyses the much-lamented negative climate policy and energy transition impacts of the Energy Charter Treaty (ECT) in international law, a treaty that serves as a basis for the compensation claims of fossil fuel companies in response to losses incurred because of climate policy measures. Methodologically, a legal interpretation is conducted, i.e., the ECT is interpreted grammatically and systematically. It is shown that, with a revised legal interpretation of the ECT, such claims usually cannot be upheld at all, except in the case of direct expropriations. This is further underlined by a legal interpretation of the ECT based on the Paris Agreement and on international human rights law. The arbitral ECT tribunals would therefore have to dismiss claims and if they do not do so then, for example, EU member states could take action against such verdicts of the arbitral tribunals before the ECJ. Even if all of this was to be disputed, there are also considerable possibilities for the contracting states to subsequently exclude claims for compensation. Nevertheless, there are a lot of arguments in favour of a comprehensive reform of the treaty. However, to do so as currently planned, with transitional periods, is not sufficient.

Auteurs et éditeurs

Author(s), editor(s), contributor(s): 

Ekardt, FelixRoos, PaulaBärenwaldt, MarieNesselhauf, Lea

Corporate Author(s): 
sustainability-logo.png

 


Sustainability (ISSN 2071-1050; CODEN: SUSTDE) is an international, cross-disciplinary, scholarly and open access journal of environmental, cultural, economic, and social sustainability of human beings. Sustainabilityprovides an advanced forum for studies related to sustainability and sustainable development, and is published monthly online by MDPI. 


Sustainability is an Open Access journal.


    Publisher(s): 

    MDPI AG, a publisher of open-access scientific journals, was spun off from the Molecular Diversity Preservation International organization. It was formally registered by Shu-Kun Lin and Dietrich Rordorf in May 2010 in Basel, Switzerland, and maintains editorial offices in China, Spain and Serbia. MDPI relies primarily on article processing charges to cover the costs of editorial quality control and production of articles. Over 280 universities and institutes have joined the MDPI Institutional Open Access Program; authors from these organizations pay reduced article processing charges.

    Fournisseur de données

    MDPI AG, a publisher of open-access scientific journals, was spun off from the Molecular Diversity Preservation International organization. It was formally registered by Shu-Kun Lin and Dietrich Rordorf in May 2010 in Basel, Switzerland, and maintains editorial offices in China, Spain and Serbia. MDPI relies primarily on article processing charges to cover the costs of editorial quality control and production of articles. Over 280 universities and institutes have joined the MDPI Institutional Open Access Program; authors from these organizations pay reduced article processing charges.

    Partagez cette page