EU Cuts Off Energy Charter Treaty Investor Protections for Russia, Belarus

The EU on July 3 declined to extend the protections in the Energy Charter Treaty -- a trade and investment deal for the energy sector -- to investments and investors from Russia and Belarus in order to boost its sanctions enforcement efforts, the European Commission announced. While neither Russia nor Belarus is a party to the Energy Charter Treaty, investors from these countries could theoretically use corporations set up in a signatory country to allege that the EU or its member states have violated "investment protection obligations" of the ECT and bring investor-state dispute settlement proceedings, the commission said. The EU's move eliminates the basis for making any such claim.