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All Journal Law and Social Justice in Society (LSJS) Amicus Curiae: Journal of Law and Justice Dialogue
Mokutima Etido Ekpo
University of Calabar, Nigeria
Law, Crime, Criminology & Criminal Justice

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Reconciling International Climate Law and the Energy Charter Treaty through Integrative Interpretation in Arbitration Miebaka Nabiebu; Ntamy Agube; Mokutima Etido Ekpo
Law and Social Justice in Society Vol. 1 No. 1 (2026): January-June
Publisher : Letiges

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35723/lsjs.v1i1.52

Abstract

The Energy Charter Treaty (ECT) aims to protect energy investments, including fossil fuels, while international climate law seeks to mitigate climate change two objectives that can come into conflict in investor-state dispute settlement (ISDS). Given the unlikelihood of ECT modernization or termination in the near future, arbitration under the treaty will continue to shape the legal landscape of energy investments. This article explores the potential of integrative interpretation as a means to reconcile climate obligations with ECT protections in arbitration. Integrative interpretation is not only mandated by international treaty interpretation rules but is also reflected in the practice of international dispute settlement. However, despite this legal foundation, no ECT tribunal has yet incorporated international climate law into its decisions. While practical challenges and uncertainties persist, precedents from broader international dispute settlement and climate litigation suggest that ECT arbitration could evolve to balance investment protection with climate commitments. This article argues that fostering an integrative interpretative approach could enable ISDS to serve both investment stability and climate mitigation goals, contributing to a more coherent legal framework for energy transition.
Governing Through Algorithms: Ethical and Legal Implications of Technological Governance Miebaka Nabiebu; Ntamy Agube; Mokutima Etido Ekpo
Amicus Curiae: Journal of Law and Justice Dialogue Vol. 1 No. 1 (2025): Amicus Curiae
Publisher : Amicus Curiae: Journal of Law and Justice Dialogue

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66229/amcu.13

Abstract

This article examines a dilemma inherent in our reliance on new technologies that promise to improve legal governance's imperfections. On the one hand, there is widespread dissatisfaction with the current state of legal governance, which is often rooted in the inherently human nature of the legal system. Despite this, we remain emotionally and philosophically tied to the human-centred aspects of legal governance. On the other hand, we recognize the potential advantages that technological governance could bring, although this may come at the expense of reducing human involvement. Struggling between these two opposing forces, we try to preserve the human element by emphasizing that governance must respect human rights and dignity, or more specifically, that technology’s application should be constrained to maintain a human-centric approach. With the increasing demand for technology that serves human interests, we reflect on the extent to which humans should and could utilize new tools to improve the imperfections of legal governance. Should these tools merely assist human decision-making, or could they replace human involvement altogether? Or, might we eventually transition to a system of governance that relies on technological management of spaces, products, and processes, thereby reducing the need for human involvement and rule-based systems? In conclusion, it is critical that new technologies be carefully regulated in all areas of governance and across all human societies to prevent undermining the essential conditions that sustain viable human communities and their governance systems.
Co-Authors Miebaka Nabiebu Ntamy Agube