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10 - European Green Deal, Climate Policies and the Energy Dilemma: Investment Protection versus Sustainable Investment?

from Part II - Designing Effective Governance Mechanisms

Published online by Cambridge University Press:  aN Invalid Date NaN

Ottavio Quirico
Affiliation:
University of New England, University for Foreigners of Perugia and Australian National University, Canberra
Walter Baber
Affiliation:
California State University, Long Beach
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Summary

While most sovereign entities have committed to greening their economies and investment under the United Nations Framework Convention on Climate Change (UNFCCC), several of them are also bound by obligations contracted under the Energy Charter Treaty (ECT), which protects investors in renewables and fossil fuel alike. Arguably, such a situation triggers a ‘regulatory clash’ that has the potential to impede the implementation of net zero carbon policies, such as the European Green Deal. This contribution contextualises the ECT within the framework of the UNFCCC and scopes the potential conflict between such regulatory regimes. Particularly, in light of the so-called ‘sunset’ clause, the contribution concludes that a suitable avenue to resolve the clash is establishing a preferential track for investment in clean energy under the ECT. On this basis, fundamental solutions are envisaged for greening investment, by applying model de lege ferenda proposals for a substantive and procedural modernisation of the ECT.

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Implementing Climate Change Policy
Designing and Deploying Net Zero Carbon Governance
, pp. 171 - 186
Publisher: Cambridge University Press
Print publication year: 2024

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