The Withdrawal by the EU and some Member States from the Energy Charter Treaty: International Protection for Energy Investments and Climate Change Related Carve-outs
Kluwer Arbitration
AUGUST 4, 2024
The carve-out was not among the closed list of topics for negotiation approved by the Energy Charter Conference in 2019. Neither was it included in the EU Council’s original negotiating mandate or in the initial EU proposal. Even less, treaties can shield investors from risks inherent in the nature of the business or operation itself.
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