Ending International Investment Agreements: Russia's Withdrawal From Participation in the Energy Charter Treaty

AJIL Unbound, Vol. 111, pp. 461-466, 2017 DOI:10.1017/aju.2017.103

6 Pages Posted: 7 Mar 2018

See all articles by Tania Voon

Tania Voon

University of Melbourne - Law School

Andrew D. Mitchell

University of Melbourne - Law School

Date Written: 2017

Abstract

When states withdraw from bilateral investment treaties or denounce multilateral treaties related to foreign investment, a range of intersecting questions arise in domestic and international law. Recent developments have demonstrated potential incongruities between domestic and international approaches to investment protection, including as regards the effectiveness of withdrawal and the implications for existing investments. This essay reflects on international and domestic disputes involving the withdrawal of the Russian Federation from participation in the Energy Charter Treaty (ECT) to highlight these interactions. These issues have become particularly pertinent today because more than 1,500 international investment agreements (IIAs) are nearing expiry of their initial term, providing an opportunity for termination. Moreover, some states have begun to terminate or denounce investment treaties, while many more are engaging in a process of renegotiation and reform. The Russian case study also highlights the potentially far-reaching effects of a state simply signing a treaty, even many years after the state has expressed its decision to withdraw from it, and notwithstanding tensions with the domestic legal framework.

Keywords: Energy Charter Treaty, Russia Withdrawal, Treaty Exit

JEL Classification: K

Suggested Citation

Voon, Tania and Mitchell, Andrew D., Ending International Investment Agreements: Russia's Withdrawal From Participation in the Energy Charter Treaty (2017). AJIL Unbound, Vol. 111, pp. 461-466, 2017 DOI:10.1017/aju.2017.103 . Available at SSRN: https://ssrn.com/abstract=3132117

Tania Voon (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Andrew D. Mitchell

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia
+61383441098 (Phone)
+61393472392 (Fax)

HOME PAGE: http://www.law.unimelb.edu.au/staff/Andrew%20Mitchell

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