Sunset Clauses in International Law and their Consequences for eu law

Document Outline

• LIST OF ABBREVIATIONS
• EXECUTIVE SUMMARY
• 1. Origins, definition and typology of sunset clauses in international law
  • 1.1. Introduction: the objective and approach of this study
  • 1.2. Origin and definition of Sunset Clauses
  • 1.3. The nature of Sunset Clauses
• 2. Typology of Sunset Clauses
  • 2.1. Entire and sectional
  • 2.2. Direct and indirect
  • 2.3. Conditional and unconditional
    • 2.3.1. Expiration date based on a condition
    • 2.3.2. Activation of the sunset clause based on a condition
  • 2.4. Concluding remarks on the construction of the sunset clause
• 3. sunset clauses in international agreements; benefits and challenges
  • 3.1. Sunset clauses in multilateral and bilateral treaties
  • 3.2. Sunset clauses in investment treaties
  • 3.3. Sunset Clauses in Energy Charter Treaty
  • 3.4. Rationale of Sunset Clauses in multilateral and bilateral treaties
    • 3.4.1. Regulation of temporary and transitional issues
    • 3.4.2. Safeguarding sovereignty
  • 3.5. Rationale of Sunset Clauses in Investment Treaties
    • 3.5.1. Legal protection to investors
    • 3.5.2. Legal certainty in the interplay between stability and flexibility
• 4. Legal effects of Sunset Clauses in International Treaties and the Impact on the powers of legislators under EU treaties
  • 4.1. Legal Effect: temporary duration and entrenchment
    • 4.1.1. Automatic expiration
    • 4.1.2. Entrenchment effect of sunset clauses
  • 4.2. Limit on legislative power
  • 4.3. Legitimate expectations and the treaty making power
• 5. Sunset Clauses in ECT and Conflict with OTHER TREATIES
  • 5.1. Conflict between international agreements
  • 5.2. The conflict between EU Treaties and other International Treaties
  • 5.3. The conflict between EU Treaties and the ECT
    • 5.3.1. The approach of Investment Tribunals before Komstroy
    • 5.3.2. CJEU and the Komstroy Decision
  • 5.4. The conflict between ECT and Paris Agreement
• 6. CONCLUSIONS AND POLICY RECOMMENDATIONs
  • 6.1. Remaining in the ECT and raising procedural and substantive objections before investment tribunals
    • 6.1.1. Procedural objections
    • 6.1.2. Substantive objections
  • 6.2. Withdrawal the sooner the better?
  • 6.3. The in-advance expiration of the ECT
    • 6.3.1. The termination of the ECT
    • 6.3.2. Termination of the ECT with the adoption of a new Energy Treaty
  • 6.4. The revision of the ECT
    • 6.4.1. Agreement to amend the duration of the sunset clause
    • 6.4.2. Agreement to amend the substantive content of the ECT
  • 6.5. The ultimum refugium of the modification of the ECT among the Member States of the EU and then termination
  • 6.6. Concluding remarks
• REFERENCES
• Appendix
  • Energy Charter Treaty
  • Vienna Convention of the Law of the Treaties
  • Treaty on the Functioning of the European Union
  • Paris Agreement