Risky Business? The Energy Charter Treaty, Renewable Energy, and Investor-State Disputes
Bibliographic Data
| ID | 7785633 |
|---|---|
| Authors | Kyla Tienhaara (0000-0001-7148-7686), Christian Downie (0000-0002-1559-1814) |
| Year | 2018 |
| Volume | 24 |
| Issue | 3 |
| Pages | 451-471 |
| Publication date | 2018-09-12 |
| Open Access | No |
| Type | ARTICLE |
| Venue | Global Governance A Review of Multilateralism and International Organizations (JOURNAL) |
| Journal identifiers | ISSN: 1075-2846 • E-ISSN: 1942-6720 |
| Publisher | Walter de Gruyter GmbH (PUBLISHER • DE) |
| DOI | 10.1163/19426720-02403009 |
| OpenAlex | W2940058737 |
| Language | EN |
| Citations received | 8 |
Global energy governance has received increased attention from scholars and policymakers in recent years. Much of the discussion has focused on the inadequacy of the current institutional architecture, particularly in light of the urgent need to decarbonize energy systems. However, little attention has been given to the capacity of global institutions to promote investment in renewable energy. This article considers claims by proponents of the Energy Charter Treaty, the most developed trade and investment treaty in the global energy architecture, that it can play an important role in this regard. Specifically, it examines the ECT ’s investor-state dispute settlement mechanism. Drawing on scholarship in global governance, law, and economics and an analysis of recent investor-state disputes, the article argues that there are problems with the assumptions underlying the claims of the ECT ’s proponents. Critically, there is still a lack of evidence that the ECT has a positive impact on flows of investment in any sector, including the renewable energy sector. There is also a risk that ISDS could be used by the fossil fuel industry to impede a clean energy transition. States should approach accession to the ECT with caution and consider other mechanisms to reduce risk for renewable energy investors
Business · Charter · Corporate governance · Economic growth · Economics · Energy law · Environmental law · Foreign direct investment · International economics · International investment · International trade · Investor-state dispute settlement · Law and economics · Macroeconomics · Market economy · Political science · Renewable energy · Scholarship · Treaty · Global Energy Security and Policy · International Arbitration and Investment Law · Law · State Capitalism and Financial Governance · Finance
Contribution of Fair and Equitable Treatment to the protection of renewable energy investments
Advancing Strategic Climate Litigation in Brazil
Exploring the Nexus between Transfer of Technology Obligations and the Promotion of Foreign Investments in Renewable Energy
Existing fossil fuel extraction would warm the world beyond 1.5 °C
Investor-state dispute settlement in the extractives
Extractive separations
A Critical Review of the Energy Charter Treaty from an Earth System Law Perspective
From a liberal to a strategic actor
| Citations per year | 1.6 |
|---|---|
| Citation span | 2021 - 2026 (6) |
| Highly cited | No |