The European Union Tangles with the Energy Charter Treaty on the International Scene: Past, Present, and Future

在國際層面上歐洲聯盟與能源憲章條約之糾葛與角力：過去、現在及未來

能源憲章條約於1994年創立之目的係加強和保護歐亞地區的能源投資，歐盟亦為締約國。但在創立之初並未預期原不屬於歐盟成員之東歐地區國家於日後加入此一聯盟，故歐盟內部之間的能源投資爭端如雨後春筍般湧現。至里斯本條約後歐盟法之架構已全然不同，而能源憲章條約並未與其做出相應之革新。更重要的是，歐洲聯盟法院與相關仲裁庭於詮釋歐盟法秩序與能源憲章條約第26條投資爭端解決機制之關係存在重大之歧異。有鑑於不同法律體系彼此互相之衝突，以及其相互關連之法律爭議相應而生，故能源憲章條約現代化之談判為解決問題之最佳方案。

The Energy Charter Treaty was adopted in 1994, with its signatories including the European Communities and its Member States, and its purpose being protecting energy investment in Europe and Asia. However, it was unforeseeable that most of the Eastern European countries would join the European Union. Therefore, intra-EU disputes under the Energy Charter Treaty have arisen. Additionally, while EU law has been constantly evolving for a long time, the Energy Charter Treaty concluded by the EU has not aligned with the European Union’s trade policy. Importantly, the Court of Justice of the European Union and arbitral tribunals have different views on the interplay between the Investor-State Dispute Settlement mechanism in Article 26 of the Energy Charter Treaty and the EU legal order. Subsequently, several legal issues would inevitably arise because of conflicts between the two legal regimes. Consequently, all eyes are currently on the modernization of the Energy Charter Treaty.