Don’t Pull the Plug on the Energy Charter Treaty
As the Earth is facing global warming and the long-term temperature goals of the Paris Agreement seem ever more distant (see new IPCC report), another international treaty has been receiving...
Russia’s Plans for ‘Nationalizing’ Foreign-Owned Companies
The ongoing Russian military invasion into Ukraine has backfired on the Russian economy. As a response to the invasion, economic sanctions have been adopted by European and other states targeting...
In its recent judgment in Moldova v. Komstroy, the Court of Justice of the European Union (CJEU) has deemed intra-EU investor-state-dispute settlement (ISDS) under the Energy Charter Treaty (ECT) incompatible...
From Achmea to Komstroy
In a recent landmark decision Moldova v. Komstroy, the Court of Justice of the European Union (CJEU) on 2 September 2021 found intra-EU investment arbitration under the Energy Charter Treaty...
The Energy Charter Treaty and its (in)compatibility with EU law
Belgium is on the move again. After having submitted a request to the Court of Justice of the European Union (CJEU) for an opinion on the compatibility of the Comprehensive...
The treaty to end all investment treaties
23 member states of the European Union (EU) decided that it was time to fish or cut bait. On 5 May they signed a plurilateral treaty to scrap all intra-EU...
Alea iacta est?
Almost a year has passed since the Court of Justice of the European Union (CJEU) delivered its ground-breaking judgment– Achmea C-284/16 – concerning the incompatibility of EU law and a Dutch-Slovakian...