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Are Market Competition and Investment Protection Incompatible in the EU Energy Sector?

  • 2020
  • OriginalPaper
  • Chapter
Published in:
Author
Belen Olmos Giupponi
Published in
International Investment Law and Competition Law
Publisher
Springer International Publishing

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Abstract

The chapter explores the interface between international investment law and EU competition law in the realm of renewable energy disputes. It underscores recent developments in the configuration of European Union (EU) investment policy and unveils the intricacies of the EU state aid regime. At the centre of this critical analysis lies the legal nature of the Energy Charter Treaty (ECT) as an international investment agreement. Whereas the Commission’s role in international investment law has increased over the last years, internal factors impede the development of an authentic EU investment policy. The chapter examines jointly the evolution of the case law of arbitral investment tribunals, the Court of Justice of the European Union (CJEU) and the European Commission’s position on intra-EU investment treaties and state aid in the energy sector.

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previous chapter The Review of National Competition Authorities’ Acts in Investment Arbitration: Setting Limits to ‘Economic Lawfare’ in the 21st Century
next chapter Stipulating Investors’ Obligations in Investment Agreements as a Suitable Regulatory Approach to Prevent and Remedy Anti-Competitive Behaviour?
Title
Are Market Competition and Investment Protection Incompatible in the EU Energy Sector?
Author
Belen Olmos Giupponi
Copyright Year
2020
Publisher
Springer International Publishing
Book
International Investment Law and Competition Law

Print ISBN: 978-3-030-33915-9

Electronic ISBN: 978-3-030-33916-6

Copyright Year: 2020

DOI
https://doi.org/10.1007/978-3-030-33916-6_6
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