Beyond Control, Beyond Reform - The EU's Energy Charter Treaty Dilemma

The Energy Charter Treaty (ECT) become the most important reference document for globally operating law firms, specialised in suing governments in so-called investor-to-state dispute settlement mechanisms (ISDS).

The Left group in the European Parliament has commissioned this study into the limits of this proposal, andthe value, conduct, goals and results of these negotiations. We wanted to know, whether it is enough to consider just changes of the wording, in an attempt to close certain legal loopholes. We also wanted to know whether more is needed, whether our governments must turn their back to the very logic of investor to state dispute settlement. Ciaran Cross has delivered an excellent study and a very valuable and timely contribution to the debate accompanying
the negotiations.

This is about a multi-billion Euro business. Greedy lawyers saw the naive drafting of the Energy Charter Treaty as an opportunity for verdicts of arbitration panels favourable to investors.