Comparative Analysis: Selected Climate Change Provisions in the Modernised Energy Charter Treaty and CETA

0576177 - ÚSP 2024 RIV AT eng C - Conference Paper (international conference)
Feigerlová, Monika
Comparative Analysis: Selected Climate Change Provisions in the Modernised Energy Charter Treaty and CETA.
Climate Law and Litigation : Planetary, Regional, and Societal Perspectives. Graz: Research Center for Climate Law, University of Graz, 2023, s. 76-105. ISBN 978-3-903374-27-0.
[ClimLaw: Graz 1st Annual PhD Workshop on Climate Law and Litigation. Graz (AT), 23.05.2022-27.05.2022]
Grant - others:AV ČR(CZ) LQ300682001
Program: Prémie Lumina quaeruntur
Institutional support: RVO:68378122
Keywords : Energy Charter Treaty * climate protection * climate law
OECD category: Law
https://unipub.uni-graz.at/obvugrveroeff/download/pdf/9156464?originalFilename=true

The modernisation process of the Energy Charter Treaty closed in June 2022 with an ‘agreement in principle’ that turned out to be insufficient for several EU member states as regards climate ambitions. The proposed treaty’s amendments include changes to the investment protection standards and a reference to the ‘right to regulate’, including a right of states to take regulatory action for reasons of climate protection. Against the claim that the unmodernised treaty stands in the way of climate policies this contribution will analyse its main proposed amendments that in the European Commission’s view should enable the realisation of climate mitigation and adaptation measures. The reformed substantive provisions are compared with rules in the Comprehensive Economic and Trade Agreement between the EU and Canada (CETA) that is subject to on-going ratifications by EU member states. A recent draft Joint Interpretative Decision on CETA aims to clarify fair and equitable treatment and indirect expropriation with respect to climate change and, if adopted, may suggest new contours for these substantive standards in future EU agreements.
Permanent Link: https://hdl.handle.net/11104/0345763