UK ANNOUNCES WITHDRAWAL FROM THE ENERGY CHARTER TREATY

On 22 February 2024, the UK Government announced that the UK will withdraw from the Energy Charter Treaty (ECT). The withdrawal will take effect one year after the formal receipt of notice by the ECT depositary, which transmits withdrawal notifications to the ECT Secretariat. Read more

The European Commission proposes withdrawal from the Energy Charter Treaty

On 7 July 2023, the European Commission formally proposed a coordinated European Union withdrawal from the Energy Charter Treaty (ECT), one of the world’s largest multilateral investment treaties, citing its incompatibility with the EU’s enhanced climate ambitions under the European Green Deal and the Paris Agreement. This comes against the background of long-running – and … Read more

THE VIEW FROM BRUSSELS: THE NORTHERN IRELAND PROTOCOL BILL EU – UK TENSIONS GROW

On 13 June, the United Kingdom Government introduced to Parliament the Northern Ireland Protocol Bill that would unilaterally override the main content of the Northern Ireland Protocol (the “Protocol”) contained in the Withdrawal Agreement by which the UK left from the European Union. HSF Partner Lode Van Den Hende and Consultant Eric White have authored … Read more

LONDON CLIMATE ACTION WEEK 26 JUNE – 4 JULY 2021

We are proud to be a part of London Climate Action Week 2021 (LCAW), the annual event bringing together world-leading climate professionals and communities across London and beyond to find practical solutions to climate change. Founded in 2019, LCAW is the largest independent climate change event in Europe, helping to shape our future into one that is … Read more

CANADA’S NEW 2021 MODEL BIT

On May 12, 2021, Canada published its new Model Foreign Investment Promotion and Protection Agreement (the “New Model BIT”), revising the 2004 Model Agreement for the Promotion and Protection of Investments (the “2004 Model BIT”). The New Model BIT modernizes Canada’s framework and brings a few interesting innovations in the Bilateral Investment Treaty (“BIT”) world. … Read more

SCOTTISH INDEPENDENCE: THE INTERNATIONAL LAW IMPLICATIONS

The prospect of an independent Scotland raises a number of significant questions as to the impact on the rights and obligations of both Scotland and the rest of the UK (rUK) under international law. This short article highlights some of the key international law implications of Scottish independence and how they may impact on private … Read more

NEW PROCEDURAL RIGHTS FOR INVESTORS AS INDONESIA-SINGAPORE BIT COMES INTO FORCE

Since Indonesia announced its intention to terminate and replace “all of its 67 bilateral investment treaties” (BITs) in 2014, the State has actively re-negotiated several BITs. Starting with some of its largest trading partners in the region, Indonesia signed new BITs with Singapore in 2018 and Australia in 2019. On 9 March 2021, the Agreement … Read more

AGREEMENT FOR THE TERMINATION OF INTRA-EU BITS ENTERS INTO FORCE

On 29 August 2020, the Agreement for the Termination of Bilateral Investment Treaties (the “BITs”) between the Member States of the European Union (the “EU”) (the “Termination Agreement”) entered into force. As discussed in one of our previous blog posts, the Termination Agreement was signed on 5 May 2020 by 23 EU Member States. In … Read more