Can investor-state arbitration challenge the EU’s climate policy?

Department of Law

Prof. Nicolas De Sadeleer, Université de Saint Louis - Bruxelles, Chaire Jean Monnet, Right to a Clean Environment

<h2>Abstract</h2>On the 2 September 2021, in Moldavia/Komstroy (C-741/19), the CJEU ruled that the ISDS under the Energy Charter (ECT) was incompatible with EU law. In effect, investment tribunals established under the Energy Charter can interpret EU law, but cannot cooperate with the ECJ, which is the only Court that can interpret EU law, including the ECT. The fact that the EU is a party to the ECT and therefore bound by it makes no difference. However, according to its critics, the ISDS clause in the ECT could jeopardize the 2050 carbon neutrality target.<a href="https://wwwfr.uni.lu/recherche/fdef/dl/news_events/can_investor_state_arbitration_challenge_the_eu_s_climate_policy" target="_blank" data-msys-clicktrack="0" rel="nofollow noopener noreferrer">https://wwwfr.uni.lu/recherche/fdef/dl/news_events/can_investor_state_arbitration_challenge_the_eu_s_climate_policy </a><h3>Sustainability Lunchtime Seminars: Where Environmental Law Meets Economic Law</h3>Objective: Our sustainability lunchtime seminars will create a venue to study the interaction between EU environmental law and EU economic law. In light of the European Green Deal framework, our objective is twofold. On the one hand, we intend to analyse how economic law could evolve to better integrate environmental rules, principles, and objectives. On the other hand, we intend to examine how environmental law could better address economic-law challenges and realities. To reach sustainability and meet EU Green Deal objectives, there must be a close interaction between environmental law and economic law; for now, these two disciplines have very different scopes and functions.Methodology: Through our selection of topics and speakers, we intend to find new channels of connection between EU environmental law and EU economic law. To do so, we will combine two approaches. Through a substantive approach we will focus on the correlation between environmental law and specific economic policies, for example, consumer law, competition law, investment law, corporate law, trade law, and finance. By means of a sectoral approach will examine specific topics that demand integration between environmental and economic law (e.g., 5G, and deforestation).Format: Our online lunchtime seminars will be held once a month throughout 2022 from 12:30 to 13:30 (Luxembourg time) and include presentations given by young researchers, renowned professors, and expert practitioners. Our working language will be English. All interested people, both within and without academia, are encouraged to attend our online seminars. Output: EU Law Live will publish two Weekend Editions (one in July and the other in December 2022), setting out the key ideas and main proposals arising out of our Sustainability Lunchtime Seminars.Organisation: Alessandra Donati, Postdoctoral Researcher at the University of Luxembourg and Attorney at Law in Italy and France will organise our Sustainability Lunchtime Seminars. She can be reached at alessandra.donati@uni.lu.In collaboration with the Belgio-Luxembourg Hub of ELI (European Law Institute) and ALDE (Association Luxembourgeoise pour le droit de l’environnement).EU Law Live will be the media partner of the Sustainability Lunchtime Seminars.Click <a href="https://wwwfr.uni.lu/fdef/fdef_house_for_sustainable_governance_and_markets" target="_blank" data-msys-clicktrack="0" rel="nofollow noopener noreferrer">here </a>to find out more about our Sustainability Lunchtime Seminars.<h2></h2>

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Can investor-state arbitration challenge the EU’s climate policy?

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