Lukas Schaugg
@lschaugg.bsky.social
Policy Advisor at IISD and IGF | PhD Osgoode Hall Law School | LLM King's College London – arbitration, investment law, sustainable development | He/him
You can find the Model Inter Se Agreement here: www.iisd.org/publications...
Model Inter Se Agreement to Neutralize the Survival Clause of the Energy Charter Treaty Between the EU and Other non-EU Contracting Parties
An analysis of how the European Union (EU) and other contracting parties of the Energy Charter Treaty (ECT) could modify the treaty among themselves to neutralize the survival clause and prevent futur...
www.iisd.org
June 18, 2025 at 9:36 AM
You can find the Model Inter Se Agreement here: www.iisd.org/publications...
@iisd.org
Model Inter Se Agreement provides a legally sound mechanism for this next step to neutralize the survival clause between willing ECT parties. It enables coordinated and tailored treaty modification to protect states from legacy fossil fuel investment claims.
Model Inter Se Agreement provides a legally sound mechanism for this next step to neutralize the survival clause between willing ECT parties. It enables coordinated and tailored treaty modification to protect states from legacy fossil fuel investment claims.
June 18, 2025 at 9:36 AM
@iisd.org
Model Inter Se Agreement provides a legally sound mechanism for this next step to neutralize the survival clause between willing ECT parties. It enables coordinated and tailored treaty modification to protect states from legacy fossil fuel investment claims.
Model Inter Se Agreement provides a legally sound mechanism for this next step to neutralize the survival clause between willing ECT parties. It enables coordinated and tailored treaty modification to protect states from legacy fossil fuel investment claims.
This Agreement is also a political milestone paving the way for the negotiation of instruments with third countries—such as the UK or Switzerland—to neutralise the ECT’s 20-year survival clause in those relationships.
June 18, 2025 at 9:36 AM
This Agreement is also a political milestone paving the way for the negotiation of instruments with third countries—such as the UK or Switzerland—to neutralise the ECT’s 20-year survival clause in those relationships.
The Agreement confirms the EU’s long-held legal position: Article 26 ECT does not and never applied to intra-EU investment disputes. This is not a reinterpretation, but a codification of settled EU law following the Achmea and Komstroy judgments.
June 18, 2025 at 9:36 AM
The Agreement confirms the EU’s long-held legal position: Article 26 ECT does not and never applied to intra-EU investment disputes. This is not a reinterpretation, but a codification of settled EU law following the Achmea and Komstroy judgments.