Withdrawal from mixed agreements under EU law: the case of the Energy Charter Treaty

This article argues that under EU law, the and its Member States can withdraw from a multilateral agreement such as Energy Charter Treaty independently of one other. While loyalty obligations may require to coordinate their actions mixed closely, all withdraw. The autonomous nature law does not allow prevent taking decisions within competence. Similarly, European Court Justice maintains, are only ratifying those parts fall competence – thus, entitled cease exercising powers through withdrawal. However, this power unilaterally is without complications. First, it affect ability others remain party law. Second, where withdraw, ‘incomplete mixity’ raises several complicated questions international particularly concerning responsibility investor-state dispute settlement provisions. Coordinated withdrawal by is, therefore, preferred policy option.