Law and Social Justice in Society (LSJS)
Vol. 1 No. 1 (2026): January-June

Reconciling International Climate Law and the Energy Charter Treaty through Integrative Interpretation in Arbitration

Miebaka Nabiebu (University of Calabar, Nigeria)
Ntamy Agube (University of Calabar, Nigeria)
Mokutima Etido Ekpo (University of Calabar, Nigeria)



Article Info

Publish Date
24 Dec 2025

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.

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Journal Info

Abbrev

lsjs

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Law and Social Justice in Society (LSJS) focuses on law and social studies theory and practice. It publishes articles by Indonesian and foreign authors dealing with current national and international law, legal philosophy, legal history and other law-related social science disciplines. It also ...