Extraterritoriality and EU Standards in Investment Law

The Reform of the Energy Charter Treaty

authored by

Claas Friedrich Germelmann

Abstract

EU legal standards are often based on fundamental principles of EU primary law. They can have extraterritorial effects when influencing or determining the negotiating position of the EU institutions in the process of treaty-making with relation to third countries. A recent example is the international investment protection in the field of energy law. The Union’s position concerning the modernisation of the Energy Charter Treaty draws on the primary law interpretation of the European Court of Justice concerning the compatibility of arbitral tribunals with the autonomy of EU law, its regulatory freedom and the requirements of the rule of law. Although these standards will necessarily contribute to the shaping of a modernised form of investment protection in energy law, it is indispensable to keep a compromise-oriented approach when negotiating the Energy Charter Treaty. The current challenges of energy transition require an effective and sustainable rule based system of international investment protection.

Organisation(s)

INTIF-Öff. Recht insb. EU-Recht

Type

Contribution to book/anthology

Pages

269-286

No. of pages

18

Publication date

29.10.2021

Publication status

Published

Peer reviewed

Yes

Sustainable Development Goals

SDG 7 - Affordable and Clean Energy

Electronic version(s)

https://doi.org/10.1007/978-3-030-82291-0_13 (Access: Closed)