Lukas Schaugg

Model Inter Se Agreement to Neutralize the Survival Clause of the Energy Charter Treaty Between the EU and Other non-EU Contracting Parties An analysis of how the European Union (EU) and other contracting parties of the Energy Charter Treaty (ECT) could modify the treaty among themselves to neutralize the survival clause and prevent futur...

You can find the Model Inter Se Agreement here: www.iisd.org/publications...

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Model Inter Se Agreement provides a legally sound mechanism for this next step to neutralize the survival clause between willing ECT parties. It enables coordinated and tailored treaty modification to protect states from legacy fossil fuel investment claims.

This Agreement is also a political milestone paving the way for the negotiation of instruments with third countries—such as the UK or Switzerland—to neutralise the ECT’s 20-year survival clause in those relationships.

The Agreement confirms the EU’s long-held legal position: Article 26 ECT does not and never applied to intra-EU investment disputes. This is not a reinterpretation, but a codification of settled EU law following the Achmea and Komstroy judgments.

The
@europarl.europa.eu is voting today on the EU’s adoption of the Agreement on the interpretation and application of the Energy Charter Treaty (ECT). This formalizes the EU’s position on the treaty’s non-applicability to intra-EU disputes. Watch here:
t.co/Qohb8DMNmp

Opinion | UK must cut ECT legacy to become green superpower A novel agreement could tackle Energy Charter Treaty claims and boost post-Brexit EU ties

A binding UK-EU deal to neutralize the #EnergyCharterTreaty's 20-year “sunset clause” is crucial for the UK Government to deliver on its domestic and global #climate pledges.

@lschaugg.bsky.social writes in fDi Intelligence 👇

🔎 fdiintelligence.com/content/opin...

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The European Economic and Social Committee plenary has adopted an opinion urging the EU to reach a binding deal with non-EU states to neutralize the Energy Charter Treaty’s (ECT) ‘sunset clause.’

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