Yesterday, Today and Tomorrow? The ECT and its Modernization.

  • Published In: ICSID Review: Foreign Investment Law Journal, 2025, v. 40, n. 2. P. 341 1 of 3

  • Database: Business Source Ultimate 2 of 3

  • Authored By: Briercliffe, Naomi; Latasz, Karolina 3 of 3

Abstract

The article discusses the Energy Charter Treaty (ECT), which is the most arbitrated international investment protection treaty, facing scrutiny due to climate change concerns. Originally designed to protect Western fossil fuel investments in post-Soviet countries, the ECT's relevance is questioned as states withdraw amid calls for modernization to align with climate goals. The article outlines the ECT's historical context, current challenges, and ongoing modernization efforts aimed at balancing investor protections with states' rights to regulate for environmental sustainability. It highlights the need for significant investment in renewable energy to meet global climate targets and the implications of the ECT on such investments. The future of the ECT remains uncertain as states continue to withdraw, citing its incompatibility with climate objectives. [Extracted from the article]

Additional Information

  • Source:ICSID Review: Foreign Investment Law Journal. 2025/04, Vol. 40, Issue 2, p341
  • Document Type:Article
  • Subject Area:Science
  • Publication Date:2025
  • ISSN:0258-3690
  • DOI:10.1093/icsidreview/siaf012
  • Accession Number:191590481
  • Copyright Statement:Copyright of ICSID Review: Foreign Investment Law Journal is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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