Brewing investment-treaty claims relating to Germany’s measures against Russian state-owned assets

Abstract After Russia’s full-scale invasion of Ukraine, Germany effectively filed for divorce in respect of its energy marriage with Russia. Germany intended to stop buying Russian hydrocarbons. More than that, Germany could no longer tolerate Russian ownership of key energy infrastructure in Germany, noting that the Russian companies which owned these assets were Russian state-owned companies. Through a series of measures, Germany now either owns or controls (via trusteeships) these assets. Russia has protested these measures, but what legal actions can it take in respect of them? This article investigates this question, specifically with reference to the options that Russia has (and the relevant Russian state-owned companies have) under investment treaties.