The Achmea case and its applicability to the energy charter treaty

Drommi, Luca (A.A. 2024/2025) The Achmea case and its applicability to the energy charter treaty. Tesi di Laurea in International arbitration: law and practice, Luiss Guido Carli, relatore Carlo Ferdinando Emanuele, pp. 58. [Single Cycle Master's Degree Thesis]

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Abstract/Index

The Energy charter treaty (ECT). Background and negotiations. The objectives of the ECT. Dispute settlement under the ECT: a comparison between articles 26 and 27. Time applicability of the treaty. EU withdrawal and the modernization of the treaty. The conflict between intra-EU BIT’s and EU law: the Achmea judgment. Background and context. Bilateral investment treaties: an overview. The question of compatibility between EU law and intra-EU BIT’s. The Achmea judgment in detail. The reception of Achmea: the “black tuesday” of investment arbitration in Europe. The view of the European Commission and the reaction of EU member States. The applicability of Achmea to the ECT. Are intra-EU disputes under article 26 ECT incompatible with EU law? The Komstroy case: the end of intra-EU arbitration?

References

Bibliografia: pp. 51-58.

Thesis Type: Single Cycle Master's Degree Thesis
Institution: Luiss Guido Carli
Degree Program: Single Cycle Master's Degree Programs > Single Cycle Master's Degree Program in Law (LMG-01)
Chair: International arbitration: law and practice
Thesis Supervisor: Emanuele, Carlo Ferdinando
Thesis Co-Supervisor: Pustorino, Pietro
Academic Year: 2024/2025
Session: Summer
Deposited by: Alessandro Perfetti
Date Deposited: 11 Dec 2025 09:47
Last Modified: 11 Dec 2025 09:47
URI: https://tesi.luiss.it/id/eprint/44358

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