International Investment Law for the Green Transition: the Limits of Plurilateralism
This thought-provoking workshop on November 9, 2023 will explore the constraints and limitations associated with plurilateral engagement in reforming International Investment Law (IIL) to support the green transition.
Plurilateral agreements can harmonize regulatory frameworks, reduce regulatory uncertainty for investors, and promote investments in the renewable energy sector. However, it is not always the most efficient or effective solution in promoting the green transition. Currently, IIL provides extensive protection for fossil fuel-based energy industries while not imposing enough obligations on investors. It is imperative to adapt to the demand for a sustainable future as the EU aims for carbon neutrality by 2050 and has adopted the European Green Deal agenda to transition to renewable energy sources.
In line with these goals, the EU’s proposed amendments to modernize the Energy Charter Treaty (ECT) and align it with their objectives. This has generated mixed responses, resulting in a few EU Member States withdrawing from the ECT. This situation could have legal implications for the EU and its international relationships. Additionally, the UNCITRAL Working Group III has been cautious about making substantial reforms to the investor-state dispute settlement system, which begs the question whether plurilaterism is the right way forward.
The workshop brings together experts in international investment law, EU law, economics, and environmental law to explore complexities and limitations of plurilateralism. The workshop is organized as part of the research project "ENERGIZE: Re-Shaping International Investment Law for the Green Transition," funded by the Independent Research Fund Denmark (DFF). For more information about the project, please visit our website at https://jura.ku.dk/icourts/research/energize/.
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Please download the program by clicking here (PDF)
"The Energy Charter Treaty (ECT) as a Mixed Agreement"- by Prof. Eleftheria Neframi (PDF)
"The (Announced) EU's Coordinated Withdrawal from the Energy Charter Treaty: Issues of Treaty Law and International Responsibility" - by Assoc. Prof. Luca Pantaleo (PDF)
"A Fair and Equitable Green Transition" - by Assoc. Prof. Fernando Dias Simões (PDF)
"Facilitating Green Transition through Plurilateral Instruments: Towards Right To Regulate For Climate Actions In International Investment Law Regime" - by Aleksander szostak, LL.M. (PDF)
"Bridging the Gap Between Environmental Objectives and International Investment Law: The Implications of UNCITRAL’s Investor-State Dispute Settlement Reform Draft Provision on Procedural and Cross-Cutting Issues (article 12)" - by Dr. Siri Silvereke (PDF)
"A New Toy: Will the Establishment of a Multilateral Investment Court Weaken Investment Protection" - by Asst. Prof. Pawel Marcisz (PDF)
"International Investment Law & Climate Change: Preservation through Plurilateralism as the Way Forward?" - by Assoc. Prof. Elizabeth Whitsitt (PDF)