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Το σχέδιο της νέας ρύθμισης για την επίλυση διαφορών (άρθρο 26) της ECT (Master thesis)

Τόλιου, Γεωργία Χρ./ Toliou, Georgia Chr.

The object of this thesis is the study of the issues related to the arbitration resolution of investment disputes in Article 26 of the Energy Charter Treaty, as they are recorded in theory and jurisprudence, and discovered through the analysis of the essential concepts of the concept of "investment" and "investor", of the obligations of the contracting parties and the way of resolving the dispute, through the more specific provisions of article 26 of the Energy Charter Treaty, which concerns the resolution of disputes between an investor and the host state of his investment, while identifying the concerns regarding the compatibility of Article 26 of the Energy Charter Treaty with the rules of the EU Treaties. Furthermore, reference is made to the need to modernize the Energy Charter Treaty, in view of the current global energy crisis, which has shown that the demand for cooperation in the energy sector, as well as the assurance of the Union's energy supply, are still absolutely relevant priorities, whereas the indisputable contribution of investment arbitration to the protection of investments in renewable energy sources must also be positively taken into account, in the direction of the modernization of the Energy Charter Treaty. The inclusion of provision that will ensure flexibility and security in investments and, at the same time, the fulfillment of the environmental objectives of the Union and the Paris Agreement is also considered consistent with the purposes of the EU. The effort to modernize the FTA and the negotiation process of the new Treaty must be characterized not only as satisfactory, but as an opportunity that will insure the promotion and protection of investments within a new flexible but stable, modern and safe legal framework for energy and investments