Investment Agreements between EU Member States and the Energy Charter Treaty – Focusing on the Komstroy Judgment of the CJEU [Japanese]
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| In June 2025, Professor Yumiko Nakanishi（Graduate School of Law） published an article titled “Investment Agreements between EU Member States and the Energy Charter Treaty – Focusing on the Komstroy Judgment of the CJEU” Aspects of International Issues on Energy Security — 2019–2020 Research Group on International Issues in Energy Security” (Japan Energy Law Institute, Report No. 160). This paper analyzes the judgment of the Court of Justice of the European Union （ CJEU）in the Komstroy case from two perspectives: the Energy Charter Treaty (ECT) and the principle of autonomy of EU law. It examines the applicability of investor-state dispute settlement (ISDS) mechanisms within EU member states and the broader implications of the ruling. Professor Nakanishi argues that the Komstroy judgment extends the principle of EU legal autonomy—established in the Achmea case—to the multilateral ECT, thereby excluding ISDS within the EU and reinforcing the coherence of EU legal order and environmental policy. At the same time, she notes that under international law, dispute resolution in arbitration venues outside the EU remains possible, resulting in a dual-layered legal structure.
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