Article 26(7) of the Energy Charter Treaty – An Analysis into Its Inadequacies and a Proposal for Potential Remedies

Abstract

This article analyses Article 26(7) of the Energy Charter Treaty (ECT), a provision granting domestic entities standing against their home States if they were under foreign control prior to the occurrence of the dispute. It will first delve into the potential lapses in the provision’s requirements owing to its unique drafting. It will then highlight additional discrepancies in the phrasing of the provision that leads to it being ultimately without effect, despite its requirements being met. It finally contemplates possible amendments of Article 26(7) of the ECT, such that it may serve its underlying purpose.