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The functioning of EU Law in the Energy Charter Treaty.
Professor Loukas Mistelis
Energy is the most valuable resource in our modern times. Regional and international legal systems have tried to create suitable regulations for the energy market- yet none of them fit nor satisfy its inherent elements entirely. The Energy Charter Treaty (ECT) emerged as an idea to connect Western and Eastern Europe by means of an international investment agreement.
However, the signature of the Lisbon Treaty, which sets out the EU constitutional fundaments, has jeopardised the legitimacy of the ECT. The European Commission, some EU Member States and legal literature has claimed the existence of an apparent jurisdictional and substantive overlap between Lisbon and International Investment Law. These critics argue that energy disputes between EU Member States and EU investors ought to be framed under the scope of the EU Law system, setting aside the application of the ECT arbitration clause in intra-EU disputes. Conversely, the scene under International Law is different, as only 15 new intra-EU cases under the ECT were registered in 2013.
The present research seeks to undertake a systematic analysis of the apparent tension between EU Law and the ECT. The current structure of the research consists of three stages; and aims to validate the justification of the ECT as an autonomous Treaty System, which is legitimate to solve disputes between their intra-EU signatories. A first step will look into the legal epistemology of the Energy Charter Treaty to understand its evolution and development. The second stage will recognize that despite the lack of ECT’s neutral ontology and distracting compatibility tests, the ECT and EU regulate different energy aspects.. The third stage responds to the available compatibility test, proposing to step back and analyze the Energy Charter Treaty, as an autonomous system treaty legitimate to solve intra-EU disputes.
Gloria is a young scholar specialised in international arbitration law. She is currently a Research Fellow at the School of International Arbitration and a Teaching Associate at Queen Mary University of London. Prior to joining, Gloria obtained a LLM in Comparative and International Dispute Resolution from Queen Mary, where she wrote her dissertation about procedural challenges in the annulment procedure of ICSID cases.
Gloria teaches and conducts research in the field of international investment law and arbitration. She collaborates in different projects in relation to the development of international arbitration; in particular she works closely with EFILA, a think tank promoting the benefits of investor-state arbitration in the European Union, as well as being a rapporteur of International Arbitration Case Law (IACL).
Gloria has worked with different teams advising developing countries in their international investment regulatory framework. Gloria first started her career teaching ADR, while administrating cases at an arbitral institution in Mexico. She has read law in France, Poland and Mexico where was admitted to practice as an Attorney. Gloria is fluent in Spanish and English, while working on her Portuguese and Greek.
Gloria Maria Alvarez, The ICSID Procedure: Mind the gap,
Revista E-mercatoria, Vol. 10, No. 2, 2011
Gloria Maria Alvarez, "Reporte sobre la Encuesta de Arbitraje Internacional 2013: Elecciones Empresariales en Arbitraje Internacional realizada por Queen Mary, University of London y PricewaterhouseCoopers (PwC)"