Publication details
Energy-related cross-border disputes A future without the energy charter treaty
| Authors | |
|---|---|
| Year of publication | 2026 |
| Type | Chapter in a book |
| MU Faculty or unit | |
| Citation | |
| Description | This chapter addresses the role of the ECT, the failed attempt at its modernisation against the background of the reasoning provided by the Court of Justice of the EU (CJEU) in Komstroy (C-741/19)1 and Opinion 1/20, 2 and the final step the EU is taking to exit the treaty. The reasons why efforts to modernise the ECT have failed so far are outlined with an overview of the options for resolving cross-border energy disputes without the ECT. In particular, the author focuses on the principles of protection provided to the legitimate expectations of investors under the regime of EU law and the European Convention of Human Rights (ECHR), which would gain importance if some or all the Member States and the EU leave the ECT. |