Introduction

As the conversion to low carbon technologies continues to accelerate, it is timely to ask whether the Energy Charter Treaty (ECT) - the world's foremost treaty for the encouragement and protection of investments in the energy sector - is equipped to embrace energy transition. Central to that enquiry is the question of the scope of coverage the ECT is able to extend to emergent and as yet unforeseen technologies that may come to play an important role in the energy mix. The answer will turn, at least in part, on the breadth and flexibility of the definition of "Investment" in ...