The Battle of the Giants: EU Law, ECHR and the Energy Charter Treaty; the Rematch to Protect Property Rights in Europe

This article explores the various levels of compensation for expropriated investments in the European legal framework. This article is timely, because it adds to the discussion on the changing position of UK investors after Brexit and whether their international protection is equal to their protection under EU law. In order to critically evaluate the proposition that energy investors are granted equivalent protection of their investments under the EU legal framework, as compared to the legal framework of investment treaties (BITs, FTAs, IIAs), this article evaluates the existing rules on compensation under the Energy Charter Treaty, the EU law and the European Convention on Human Rights.