#UNELaw’s Associate Professor Ottavio Quirico’s monologue on Investment Governance was published in volume 19 of the Nijhoff Studies in European Union Law series.
The Energy Charter Treaty is the only international regulatory instrument that focusses exclusively on energy. The treaty is an intra- and extra-EU investment convention, which means that the EU and its Member States are also bound by the Treaty between themselves.
Ottavio poses questions about the Energy Charter Treaty consistency with the international agreements between the EU and its Member States in the area of environmental protection, with particular regard to the United Nations Framework Convention on Climate Change, to the extent that these overlap with investment.
‘Against the background of climate change, the Energy Charter Treaty and the law and policy of the European Union are no longer fully aligned with each other: in the case of a conflict in the area of investment regulation, what norms should apply? Within the framework of the ongoing reform of the international investment system, notably, investor-State dispute settlement, and of the modernisation of the Energy Charter Treaty, Ottavio provides a roadmap on how to approach regulatory conflicts and re-harmonise the Energy Charter Treaty with the law of the European Union.’ https://brill.com/view/title/56617.