The EU’s Withdrawal from the Energy Charter Treaty between Treaty Law and International Responsibility Issues

Pantaleo, Luca

2025-01-01

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Abstract

The article examines the European Union’s (EU) withdrawal from the Energy Charter Treaty (ECT), focusing on questions of treaty law and international responsibility. The article explores the legal intricacies of modifying the ECT through an inter se agree- ment and the issues surrounding the survival clause. It also considers the attribution of responsibility post-withdrawal, particularly when (remaining) Member States imple- ment EU measures potentially breaching the ECT. The analysis reflects on the broader implications for international investment law and the tension between plurilateralism and greening initiatives.