Book contents
- Implementing Climate Change Policy
- Implementing Climate Change Policy
- Copyright page
- Additional material
- Dedication
- Contents
- Contributors
- Abbreviations
- Introduction
- Part I Comparing Climate Policies
- Part II Designing Effective Governance Mechanisms
- 10 European Green Deal, Climate Policies and the Energy Dilemma: Investment Protection versus Sustainable Investment?
- 11 Twin Transitions? Implementing Climate Policies in the European Union through Digital Transformation
- 12 Carbon Sequestration and Ocean Governance: Emerging Challenges between Traditional Sovereign Rights and the Need for Global Regulation
- 13 Climate Change and the Arctic: A Study of Paradoxical Linkages in Complex Systems
- 14 The European Union’s Carbon Border Adjustment Mechanism as a (Generally Lawful) Countermeasure
- 15 Corporate Self-Regulation and the Climate: The Legal Trajectory of Sustainability Due Diligence in the European Union
- 16 Extending Ecolabelling in Response to Climate Change
- 17 The Role of Judges in Implementing Climate Policies
- 18 Private Climate Litigation
- 19 The International Court of Justice Facing the Existential Threat of Climate Change
- 20 ‘The Story Is Part of the Success’
- Conclusion
- Documents
- Cases
- Bibliography
- Index
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
- Implementing Climate Change Policy
- Implementing Climate Change Policy
- Copyright page
- Additional material
- Dedication
- Contents
- Contributors
- Abbreviations
- Introduction
- Part I Comparing Climate Policies
- Part II Designing Effective Governance Mechanisms
- 10 European Green Deal, Climate Policies and the Energy Dilemma: Investment Protection versus Sustainable Investment?
- 11 Twin Transitions? Implementing Climate Policies in the European Union through Digital Transformation
- 12 Carbon Sequestration and Ocean Governance: Emerging Challenges between Traditional Sovereign Rights and the Need for Global Regulation
- 13 Climate Change and the Arctic: A Study of Paradoxical Linkages in Complex Systems
- 14 The European Union’s Carbon Border Adjustment Mechanism as a (Generally Lawful) Countermeasure
- 15 Corporate Self-Regulation and the Climate: The Legal Trajectory of Sustainability Due Diligence in the European Union
- 16 Extending Ecolabelling in Response to Climate Change
- 17 The Role of Judges in Implementing Climate Policies
- 18 Private Climate Litigation
- 19 The International Court of Justice Facing the Existential Threat of Climate Change
- 20 ‘The Story Is Part of the Success’
- Conclusion
- Documents
- Cases
- Bibliography
- Index
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 PolicyDesigning and Deploying Net Zero Carbon Governance, pp. 171 - 186Publisher: Cambridge University PressPrint publication year: 2024