National Courts as a Forum for the Resolution of Disputes under Article 26 Energy Charter Treaty: Czech Republic
Article from: TDM 3 (2023), in Energy Charter Treaty
Abstract
This paper examines the treatment of international treaties under Czech law, focusing on the Energy Charter Treaty (the ECT) within the hierarchy of norms and applicability of its provisions in litigation proceedings before the Czech courts. Since its entry into force, the status of the ECT under Czech law underwent significant changes connected with the country's switch from dualism to monism, accession to the EU and experience of defending multiple investment arbitrations. The ECT is now treated as an international treaty directly applicable in the Czech Republic as a ...