As nations try to phase out fossil fuels, companies are suing them for compensation. Rachel Thrasher at Boston University, Blake Simmons at Colorado State University and Kyla Tienhaara at Queen's University (Ontario) summarise their latest study of the scale of the payouts. The cases are based on treaties – the Energy Charter Treaty being the most significant - that allow investors to sue governments when policy changes overturn their … [Read more...]
Energy Charter Treaty: four ways to amend it and enable green investments
The European Green Deal (EGD) aims to mobilise at least €1 trillion in sustainable investments over the next decade. But the Energy Charter Treaty (ECT) in its current form - designed to protect cross-border investments, enabling those whose energy projects have been shut down to sue nations – is causing fierce debate. The ECT protects all investment alike, but the result has been fossil (and nuclear) investors suing nations that have curtailed … [Read more...]
Germany suspends Nord Stream 2: Q&A on what happens next
Following Russia’s invasion of Ukraine, Germany has suspended the go-ahead of the switch-on of Nord Stream 2, the new pipeline for Russian gas imports. What does this mean for the pipeline and Germany’s – and the EU’s – energy strategy? With events moving so rapidly, the full picture cannot be clear. So Kerstine Appunn, Benjamin Wehrmann and Julian Wettengel at Clean Energy Wire raise the big questions and summarise the answers being given. Those … [Read more...]
The Energy Charter Treaty makes the transition easier. Don’t scrap it, reform it
Energy and climate experts as well as national and EU parliamentarians are lining up to press their governments to withdraw from the Energy Charter Treaty (ECT) if insufficient progress is made in its modernisation. Their main argument is that it gives protection to fossil investments in a world where policies are changing in order to constrain or phase them out. Here, Frank Umbach at EUCERS sternly warns against abandoning the ECT. The treaty … [Read more...]
The Energy Charter Treaty needs updating, but remains a valuable tool for the transition
Last Thursday we published this critique of the Energy Charter Treaty (ECT). Created in the 1990s, the ECT was designed to protect cross-border energy investments from political risk. Critics now say it is being used to protect fossil fuel investments in a world committed to phasing them out. Today, Andrei Belyi of energy consulting firm Balesene OU and Adjunct Professor in Energy Law and Policy at the University of Eastern Finland, who was named … [Read more...]
Energy Charter Treaty: reform will only happen when energy ministers get involved
Negotiations are underway for the reform of the Energy Charter Treaty (ECT), an international trade agreement under fire from former Energy Charter executives, members of the European Parliament, and NGOs. Created at the end of the cold war, it was designed to protect cross-border energy investments – in a fossil fuel world – from political risk. Clare Taylor quotes the critics who say it no longer makes sense for the treaty to protect oil and … [Read more...]
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