Busting the myths around the Energy Charter Treaty
Five years after the Paris Agreement was signed, concern is mounting over another, lesser-known international treaty: the Energy Charter Treaty (ECT). The ECT is an antithesis to the Paris Agreement, allowing fossil fuel companies to sue countries over their climate policies rather than strengthening the global response to climate change.
The ECT was signed over two decades ago without much public debate. It protects all investments in the energy sector, including coal mines, oil fields and gas pipelines. Any state action that harms a company's profits from these investments can be challenged outside of existing courts, in international tribunals consisting of three private lawyers. Governments can be forced to pay huge sums in compensation if they lose an ECT case. Oil and gas company Rockhopper, for example, is suing Italy over a ban on new offshore oil drilling. Coal company Uniper/Fortum is threatening to sue the Netherlands for its coal phaseout. Several Eastern European countries have been sued because they took steps to lower electricity prices and cut into the profits of energy companies. The lawsuits demonstrate how the ECT can also be used against government action to reduce energy poverty.
As a result of the ECT's threats to ambitious climate action, the European Commission has called it "outdated" and "no longer sustainable". Parliamentarians from across Europe have called on EU member states to jointly withdraw from the ECT if it continues to protect dirty energy sources. In the wake of its first ECT-lawsuits, Italy
has already left the agreement.
But powerful interests are gearing up to defend the treaty – and even expand it to new signatory states, particularly in Africa, Asia and Latin America. These interests include the fossil fuels lobby, which is keen to keep its powerful legal privileges; lawyers, who make millions arguing ECT cases; the ECT Secretariat, which has close ties to both industries and whose survival depends on continuation of the treaty – and the list goes on.
In light of the growing controversy, this guide aims to help activists, concerned citizens, journalists and policymakers confront pro-ECT propaganda. It identifies the ECT's defenders and their arguments, and offers deeply researched counter-evidence.
At a time when all eyes should be focused on averting a climate catastrophe and safeguarding opportunities to regulate in the public interest, an outdated agreement that undermines climate action as well as governments' rights to act in the interests of their citizens must be scrapped. The ECT has to go – and it requires political and collective action as well as intelligent arguments to make that happen.
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Dossier /International trade and investment with respect for people and planet
The network of international trade and investment treaties is large and complex. The Netherlands alone has signed more than 70 bilateral investment treaties (BITs) and is party to the trade and investment agreements concluded by the EU, like the EU-Mercosur and EU-Indonesia trade deals.
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Dossier /Investment treaties
Investment treaties must be inclusive, sustainable and fair. That means that they must not put the interests of companies before those of people and their living environment.
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Dossier /Trade agreements
International trade agreements often have far-reaching consequences not only for the economy of a country, but also for people and the environment. It is primarily the most vulnerable groups who suffer most from these agreements.
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News / 27 October 2026Both ENDS at COP31: Locally led climate finance and ending investment rules that block climate action
At COP31, Both ENDS advocates for climate finance that reaches women-led and community-based organisations at the forefront of climate action, while challenging the economic rules that obstruct the transition away from fossil fuels. Together with partners in the Global Alliance for Green and Gender Action (GAGGA) and the PAPeS programme, we push for locally led adaptation, gender-just climate action and greater accountability for governments and companies.
We asked our colleagues Daan Robben and Fernando Hernandez why they are going to COP31, what messages they want to bring to negotiators, and what a positive outcome would look like.
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Dossier /The JWH Initiative: supporting young environmental leaders
The JWH Initiative aims to stimulate leadership of young people in environmental organisations by giving small grants to individuals to expand their knowledge, experience and training.
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Dossier /Rights for People, Rules for Corporations – Stop ISDS!
Indigenous communities in Paraguay saw their attempts to regain their ancestral lands thwarted by German investors. In Indonesia, US-based mining companies succeeded to roll back new laws that were meant to boost the country’s economic development and protect its forests. This is the level of impact that investment treaties can have on social, environmental and economic development and rights. Why? Because of the ‘Investor-to-State Dispute Settlement’ clauses that are included in many such treaties.
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News / 15 October 2026ISDS infringement complaint filed with the European Commission
The Netherlands and Portugal join four other EU countries facing such a complaint.
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Press release / 15 October 2026Dutch and Portuguese organisations file EU complaint over investment treaties that let companies and sanctioned Russian oligarchs sue EU countries for compensation
The Netherlands and Portugal join four other EU countries facing such a complaint, as the Global Days of Action against Investor-State Dispute Settlement (ISDS) begin.
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News / 29 September 2026Summary - Both ENDS complaint under the EU-New Zealand trade agreement
On 29 September 2026, Both ENDS lodged the first complaint on climate grounds with the European Commission's Single Entry Point. It asks the Commission to examine whether Aotearoa New Zealand has broken two promises both sides made in the EU-New Zealand Free Trade Agreement: not to weaken or set aside environmental laws in order to encourage trade or investment, and to effectively implement the Paris Agreement.
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Publication / 29 September 2026
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Publication / 29 September 2026
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News / 29 September 2026Q&A: New Zealand's climate rollback and the EU trade agreement
On 29 September 2026 / 30 September in Aotearoa New Zealand, Both ENDS lodged a complaint with the European Commission under the EU-New Zealand Free Trade Agreement. These are the questions we are asked most often, and our answers. The complaint summary, the case explainer and the key public sources are linked at the end of this page.
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News / 29 September 2026What happens now? A timeline of the SEP Case
What happens now? On 29 September 2026 / 30 September in Aotearoa New Zealand, Both ENDS lodged a formal complaint with the European Commission. It is the first complaint to the EU's Single Entry Point on environmental and climate grounds. It asks the Commission to hold New Zealand to two promises it made in its trade agreement with the EU: not to weaken environmental protection to encourage trade or investment, and not to undermine the Paris Agreement on climate change.
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Press release / 29 September 2026New Zealand faces its first climate complaint under EU trade rules
UTRECHT / WELLINGTON, 29 September 2026 /30 September in Aotearoa New Zealand
Both ENDS, a Dutch environmental justice organisation, has lodged a formal complaint with the European Commission arguing that New Zealand has broken the climate promises it made in its free trade agreement with the European Union. It is the first complaint on environmental and climate grounds under the Commission's Single Entry Point, the mechanism that lets civil society ask the EU to enforce the sustainability commitments in its trade agreements.
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News / 3 September 2026Restoring Land, Restoring Hope: Both ENDS at UNCCD COP17 in Mongolia
From 17 to 28 August, governments gathered in Ulaanbaatar, Mongolia, for COP17 of the UN Convention to Combat Desertification (UNCCD). At stake was more than how the world responds to land degradation and drought. It was also a question of who gets to shape land restoration, whose knowledge counts, and where the money goes.
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News / 6 July 2026Strengthening Women's Land Rights Across the Rio Conventions
From 29 June – 2 July 2026, Tamara Mohr, GAGGA coordinator at Both ENDS participated in the 4th convening of the Women's Land Rights Initiative (WLRI) in Nairobi, Kenya.Hosted by the Robert Bosch Stiftung, TMG Research and the Huairou Commission, the event brought together grassroots organisations, (inter)national NGOs, government institutions and donors from around the world.
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Publication / 3 July 2026
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Dossier /Gas in Mozambique
In 2011 one of the world’s largest gas reserves was found in the coastal province of Cabo Delgado, in the north of Mozambique. A total of 35 billion dollars has been invested to extract the gas. Dozens of multinationals and financiers are involved in these rapid developments. It is very difficult for the people living in Cabo Delgado to exert influence on the plans and activities, while they experience the negative consequences. With the arrival of these companies, they are losing their land.
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Dossier /Finance for agroecology
The lion's share of public budgets for climate, agriculture and development still goes to conventional agroindustrial projects that contribute to the current climate, food and biodiversity crises. Both ENDS and our partners are calling for a transition to agroecological practices that are people- and environment-friendly.
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Publication / 18 June 2026
