Evolutive Interpretation of Treaties - The Case of Green Hydrogen under the Energy Charter Treaty
Article from: OGEL 2 (2021), in Hydrogen
Abstract
The word "hydrogen" is nowhere to be found in the Energy Charter Treaty ("ECT or "Treaty"). Some readers may jump to the conclusion that green hydrogen is thus unprotected under the ECT. However, there does seem to be room for debate on the matter. Accordingly, this paper will discuss whether green hydrogen-related assets could fall under the investment protection regime of the ECT. Readers shall be introduced to the concept of evolutive interpretation of treaties and how it can be applied to generic terms under the ECT. Concurrently, it shall be shown how the pro-renewable object and ...