ABSTRACT

This chapter deals with the relationship between the Energy Charter Treaty (ECT) and European Union (EU) law. It introduces the Electrabel v Hungary case and describes some of the findings of the Tribunal. At various points in its 'Decision on Jurisdiction, Applicable Law and Liability' does the Electrabel Tribunal touch upon the relationship between the ECT and EU law; the chapter discusses some of the points. The first point relates to the text of the ECT and whether it contains any guidance as to how conflicts should be resolved between various international agreements. The second point relates to the method with which the Electrabel Tribunal interpreted the ECT, since the Tribunal interpreted the ECT in the light of EU law while not all ECT contracting parties are a member state of the EU. A third interesting deliberation of the Electrabel Tribunal is related to the issues of international responsibility and liability.