This is a past event
Admission FREE, no booking required.
Abstract:
A number of cases are currently open under the Energy Charter Treaty (ECT) against some European Member States, addressing a number of common issues on both jurisdiction and the merits. However, the few awards rendered until now are not fully consistent, so making the outcome of other cases uncertain and some of the relevant issues highly controversial. In the first place, until now all cases involve infra-EU disputes. This raises the general question of compatibility of the use of international investment law within a regional union where rights of operators are protected also under Regional legislation and where the use of investment law by foreign investors might lead to discrimination against nationals. In the second place, some of the relevant measures might clash with EU State aids other material provisions. Finally, the same national measures are the result of public policy decisions of a general nature, leading to the issue of scope of the right to regulate by States. The seminar will address the above and some more issues also taking into account the ten currently open ECT arbitral procedures against Italy, which represent the first cases ever against Italy under international investment law.
- Speaker
- Professor Maria Chiara Malaguti
- Hosted by
- School of Law
- Venue
- Taylor Building C11
- Contact
-
Suzi Warren
Research, Commercial and Events Secretary
Tel: +44 (0) 1224 273421
Email: smjwarren@abdn.ac.uk