江苏大学学报（社会科学版）2025，Vol.27Issue(3)：39-53,15.DOI:10.13317/j.cnki.jdskxb.2025.24
投资保护与气候治理:《能源宪章条约》现代化及中国因应
Investment Protection and Climate Governance:The Modernized Energy Charter Treaty and the Chinese Response
摘要
Abstract
The Energy Charter Treaty(ECT)is a legally binding multilateral treaty covering energy investment,energy trade etc.However,in the renewable energy transition,ECT is born with such problems as overemphasis on investment protection,shortage of balancing provisions,and ambiguity in substantive clauses.As a result,it is unable to reconcile the conflicts between investment protection and climate governance,thereby triggering a series of climate-related investment disputes.In recent years,the European Union has moved to modernize ECT,culminating in revisions to substantive provisions and perfection of climate-related provisions.At present,the substantive provisions of China's existing IIAs are outdated and the climate-related provisions are absent.So,as a major player in global energy investment,China faces escalating litigation risks as the investor as well as the invested.In the future,China,in line with its strategies,should borrow from the modernized ECT provisions to update its substantive investment regulations,construct a climate-related provision framework for investment,and achieve synergistic alignment between investment regulations and climate governance objectives.关键词
能源宪章条约/能源投资/气候治理/规制权/气候友好型投资Key words
The Energy Charter Treaty/energy investment/climate governance/regulatory right/climate-friendly investment分类
社会科学引用本文复制引用
王军杰,方润..投资保护与气候治理:《能源宪章条约》现代化及中国因应[J].江苏大学学报（社会科学版）,2025,27(3):39-53,15.基金项目
国家社会科学基金西部项目(24XGJ003) （24XGJ003）
