Applicable Law under Article 26(6) the Energy Charter Treaty and Environmental Protection: Promoting Sustainable Development in the Energy Field
Article from: TDM 1 (2019), in Energy Charter Treaty
Introduction
Considering the latest proposal for the modernization of the ECT, this paper comes to suggest that an amendment of Article 26(6) of the ECT, expressly referring to the international rules concerning environmental protection - and including other areas of relevance for sustainable development, such as the protection of human rights -, is timely. The amendment of Article 26(6) of the ECT is opportune in the light of the current debate regarding the legitimacy and efficiency of investor-State dispute settlement (ISDS), which also includes the criticism to the imbalance in the ...