Article from: TDM 3 (2023), in Energy Charter Treaty
The Energy Charter Treaty is part of European Union law. Article 26(2)(a) seems to meet the test for direct effect. Therefore, it should be possible to invoke it before the Irish courts. Part III ECT would supply the applicable substantive law for such a claim. The most apt remedy is Francovich damages. Several practical issues would need to be worked out, complicated by the need to identify the extent to which they are procedural or substantive, and therefore governed by Irish (forum) law or the ECT itself and international law respectively.