National Courts as a Forum for the Resolution of Disputes under Article 26 of the Energy Charter Treaty: Slovenia
Article from: TDM 3 (2023), in Energy Charter Treaty
Abstract
This paper addresses the legal effect of the Energy Charter Treaty (ECT) provisions in Slovenian law and examines how the ECT could be applied in investment disputes before national courts in Slovenia. The Constitution of the Republic of Slovenia stipulates that all domestic laws and regulations must be in conformity with the generally accepted principles of international law as well as with international treaties binding on the Republic of Slovenia. The hierarchical position of international treaties is therefore only subordinate to the Constitution. Furthermore, ...