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Sunset Clauses in International Law and their Consequences for eu lawIPOL STU(2022)703592 ENDocument 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
- 3.5. 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
- 6.4. 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
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