The Energy Charter Treaty supports investment in renewables
Tomas Vail is an arbitration lawyer and leader of Vail Dispute Resolution Critiques of the ECT portray the investment mechanism of the ECT as being in conflict with a state’s ability to achieve its climate change targets. This is a false dichotomy. Moreover, such critiques ascribe no agency to the state. They ignore the fact that states drafted, negotiated and voluntarily entered into the ECT and consented to its arbitration provisions. They ignore the fact that states can, and do, undermine their own regulatory frameworks to the detriment of both investors and climate change targets. The c...