
How does the UK attract investment in renewables? In this week’s NLJ, James Rogers, partner, and Jonathan P Cowe, associate, Jenner & Block, argue the UK’s withdrawal from the Energy Charter Treaty weakens legal protection for investors therefore potentially deters investors in clean energy
Rogers and Cowe write: ‘The treaty was a product of the 1990s wave of globalisation and efforts to facilitate East-West trade in energy, particularly oil and gas… However, its relevance extends beyond fossil fuels to encompass modern renewable energy projects like wind farms, solar installations, and carbon capture and storage initiatives.’
The authors look at the cases for and against departing the treaty, and cover some recent case law on dispute resolution mechanisms.