Article: The FET Standard between Treaty Reform and ISDS Practice: An Analysis of the Modernized ECT

Development summary

The article describes the modernization of the Energy Charter Treaty as an effort to incorporate climate-change considerations more effectively into the investment treaty. It compares the Fair and Equitable Treatment standard in Article 10 of the modernized ECT with consolidated interpretations in earlier arbitral practice and evaluates whether the reformed standards may support climate-aligned outcomes and greater regulatory space for host States.