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    The Energy Charter Treaty and the intra-EU treaty objection post Charanne and REEF cases: the latest developments in Blusun v. Italy

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    Authors
    Baltag, Crina
    Issue Date
    2018-05-01
    Subjects
    energy
    European Union
    investment treaty arbitration
    international arbitration
    
    Metadata
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    Abstract
    Until 2010, the Energy Charter Treaty (ECT) was relied on in less than thirty investment arbitration cases. Fast-forward seven years and there are more than one hundred cases. Most of these cases arise out of the repeal of the incentives granted to photovoltaic solar electricity investments under the EU regulations and majority of such disputes necessarily involve an investor of an European Union (EU) Member State, as Claimant, and an EU Member State, as Respondent. As a rule, the European Commission requested participation as amicus curiae in these cases and argued that the ECT is not meant to be applied between the EU Member States, as Contracting Parties to the ECT. Such claim is necessarily based on the fact that the ECT was signed by both the EU (the European Communities at that time) and the EU Member States because of the shared competences under the EU Law in matters addressed by the ECT. Blusun S.A., Jean-Pierre Lecorcier and Michael Stein v. Italy is yet another case in which the Tribunal rejects this argument and concludes that the ECT was entered into by the EU Member States in their own capacity and no ‘disconnection clause’ was included in the ECT to prevent the intra-EU application of the ECT.
    Citation
    Baltag C. (2018) 'The Energy Charter Treaty and the intra-EU treaty objection post Charanne and REEF cases: the latest developments in Blusun v. Italy', Revista Romana de Arbitraj. 13 (48) pp105-113
    Journal
    Revista Romana de Arbitraj
    URI
    http://hdl.handle.net/10547/622277
    Additional Links
    http://arbitration.ccir.ro/wp-content/uploads/2019/04/Cuprins.pdf
    Type
    Article
    Language
    en
    ISSN
    1842-6859
    Collections
    Law

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