Abstract

http://ssrn.com/abstract=1888201
 
 

Footnotes (70)



 


 



The Next 10 Year ECT Investment Arbitration: A Vision for the Future – From a European Law Perspective


Jan Kleinheisterkamp


London School of Economics - Law Department

July 18, 2011

LSE Legal Studies Working Paper No. 7/2011

Abstract:     
The interaction of investment treaty law with European law is a growing concern not only for policy makers but also for investors and arbitral tribunals, especially in the energy sector. This paper sketches the existing and potential legal problems between the regimes with the aim of drawing conclusions on the impact of those tensions on the future of the Energy Charter Treaty (ECT). In a first part, the paper discusses the problem of the compatibility of investment treaty law with European law in general that may require European member states to renegotiate their existing agreements. A second part is dedicated to the more controversial issues of the continuing applicability of intra-EU investment treaties, discussing their far-reaching overlap with the protection afforded by European law and the resulting complications. Most of the previously discussed problems also arise under the Energy Charter Treaty, in addition to the specific complications that are analysed in a third part. The paper also outlines the consequences of the entry into force of the Lisbon Treaty and finishes with a summary and outlook of the general importance of these European developments for the future of the Energy Charter Treaty.

Number of Pages in PDF File: 20

working papers series





Download This Paper

Date posted: August 5, 2011  

Suggested Citation

Kleinheisterkamp, Jan, The Next 10 Year ECT Investment Arbitration: A Vision for the Future – From a European Law Perspective (July 18, 2011). LSE Legal Studies Working Paper No. 7/2011. Available at SSRN: http://ssrn.com/abstract=1888201 or http://dx.doi.org/10.2139/ssrn.1888201

Contact Information

Jan Kleinheisterkamp (Contact Author)
London School of Economics - Law Department ( email )
Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom
+44 20 7955 7256 (Phone)
HOME PAGE: http://www.lse.ac.uk/collections/law/staff/jan-kleinheisterkamp.htm

Feedback to SSRN


Paper statistics
Abstract Views: 1,268
Downloads: 244
Download Rank: 74,059
Footnotes:  70

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.329 seconds