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Sunset Clauses in
International Law and
their Consequences
for EU Law
Policy Department for Citizens’ Rights and
Constitutional Affairs
Directorate-General for Internal Policies
PE 703.592 - January 2022
EN
STUDY
Requested by the JURI committee
Abstract
Sunset clauses in International Treaties account for numerous
benefits. However, their entrenchment effect disproportionally
burdens future policymakers.
This is the case of the Energy Charter Treaty, which poses unique
challenges for two main reasons. First,
compared to other
treaties, the ECT contains a 20-year sunset clause. Second, the
treaty is a multilateral with a rigid amendment procedure, which
empowers the entrenchment effect of that treaty.
Within this context, the study explores the policy options to
disengage from the ECT and the
entrenchment effect of its
sunset clauses.
Sunset Clauses in
International Law and
their Consequences
for EU Law
This document was requested by the European Parliament's Committee on Legal Affairs.
AUTHORS
Antonios Kouroutakis, IE University, Madrid, Spain
ADMINISTRATOR RESPONSIBLE
Eeva PAVY
EDITORIAL ASSISTANT
Fabienne
VAN DER ELST
LINGUISTIC VERSIONS
Original: EN
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Manuscript completed in August 2021
©
European Union, 2022
This document is available on the internet at:
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