Intra-EU investment protection saga: Dr Christian W. Konrad has recently authored a new article on Energy Charter Treaty and intra-EU investment protection.
Dr Christian W. Konrad continues his publication series on recent developments in investment protection. In his latest article published in ecolex, he reviews the EU`s efforts to exclude intra-EU arbitration under Article 26 of the Energy Charter Treaty (ECT).
In his latest article, Dr. Konrad analyzes the EU Council's May 2024 decision to withdraw from the ECT and the accompanying declaration by the EU and 26 Member States following the CJEU’s Komstroy decision.
The declaration asserts that Article 26 ECT cannot serve as a legal basis for intra-EU arbitrations, addressing its past, present, and future applicability. It also key issues such as the ECT`s "sunset clause" and its implications for investment protection. The article offers a detailed evaluation of the declaration’s arguments under international law and discusses its potential impact on intra-EU investments and arbitration proceedings.
You may read the article online or in the print copy of ecolex issue no. 12/2024.