El Tratado sobre la Carta de la Energía y el arbitraje internacional de inversiones en fuentes de energías renovables. Caso Charanne B. V. y Construction Investments S. A. R. L. vs. Reino de España

Abstract

This paper analyze how after the State designed, at the beginning of the century, public policies to promote investment and increase renewable energy sources, it appeared the global economic crisis that led to the reform of such policies, which was materialized in a subsequent amendment of the regulation that changed the original terms of investments, and put at risk the State’s responsibility in relation with its obligations under the Treaty on the Energy Charter, which led investors to try liability claims before national courts as well as international arbitration, whose decisions will analyzed.