The Energy Charter Treaty, a chronicle of an announced withdrawal?

Authors

  • Rocio Goyanes Universidad de Buenos Aires
  • Florencia Wajnman Universidad de Buenos Aires

DOI:

https://doi.org/10.26439/advocatus2025.n44.8195

Keywords:

Arbitration, Environment, ISDS, Treaties, European Union, Conflict

Abstract

The origin of the ECT dates to the end of the Cold War, where the historical context provided an opportunity for cooperation in the energy sector between Eastern and Western European countries. However, in recent years, the Member States of the European Union have expressed strong criticisms of the ECT, finding it incompatible with the obligations assumed by the European Union in environmental treaties. This article
seeks to analyze the current landscape of ECT disputes, the criticisms that led to a process of modernizing the original ECT text, and the probable outcomes of this modernization process considering the European Union's critical stance regarding the investor-state dispute resolution system. We cannot help but wonder: are we witnessing the chronicle of a withdrawal announced by the European Union Member States?

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Published

2025-07-22

Issue

Section

Especial

How to Cite

The Energy Charter Treaty, a chronicle of an announced withdrawal?. (2025). Advocatus, 044, 39-46. https://doi.org/10.26439/advocatus2025.n44.8195