Commentary on the energy charter treaty / edited by Rafael Leal-Arcas.

Format:

Book

Contributor:

Edward Elgar Publishing, publisher.

Leal-Arcas, Rafael, editor.

Series:

Elgar Commentaries Series

Elgar commentaries series

Language:

English

Subjects (All):

Energy industries--Law and legislation.

Energy industries.

Power resources--Law and legislation.

Power resources.

Energy Charter Treaty (1994 December 17).

Physical Description:

1 online resource (596 pages)

Edition:

Second edition.

Place of Publication:

Northampton : Edward Elgar Publishing, 2023.

Summary:

"This thoroughly revised edition of the Commentary on the Energy Charter Treaty presents a comprehensive overview of the latest trends surrounding this important international agreement. Providing a unique, article-by-article, textual analysis, updated chapters cover the full breadth of topics and developments of the Energy Charter Treaty (ECT), situated in the broader context of international economic law and governance. This edition also offers detailed coverage of the modernization process of the ECT, and carefully analyses important criticisms of the instrument. The ECT outlines a multilateral framework for cross-border cooperation in the energy sector based on the principles of open competitive markets and sustainable development. Expert contributors provide commentary and analysis on the five primary areas of the ECT: investment promotion and protection, trade, transit, environmental protection, and dispute settlement. The optional protocols are also addressed, including issues such as energy efficiency and the environment. Key Features: * Comprehensive, article-by-article analysis of the ECT * Contributions by 25 leading academics and practitioners in the field * Updated coverage of the recent modernization process of the ECT * Thorough examination of key trends and important criticisms of the ECT Refreshed and revised, this new edition will be an indispensable reference point for academics, students, lawyers, economists, and policymakers working in energy law and policy"-- Provided by publisher.

Contents:

Front Matter

Copyright

CONTENTS

EXTENDED CONTENTS

CONTRIBUTORS

ACKNOWLEDGEMENTS

TABLE OF CASES

TABLE OF LEGISLATION

INTRODUCTION

PREAMBLE

PART I DEFINITION AND PURPOSE

ARTICLE 1 DEFINITIONS

ARTICLE 2 PURPOSE OF THE TREATY

PART II COMMERCE

ARTICLE 3 INTERNATIONAL MARKETS

ARTICLE 4 NON-DEROGATION FROM WTO AGREEMENT

ARTICLE 5 TRADE-RELATED INVESTMENT MEASURES1

ARTICLE 6 COMPETITION1

ARTICLE 7 TRANSIT1

ARTICLE 8 TRANSFER OF TECHNOLOGY

ARTICLE 9 ACCESS TO CAPITAL1

PART III INVESTMENT PROMOTION AND PROTECTION

ARTICLE 10 PROMOTION, PROTECTION AND TREATMENT OF INVESTMENTS1

ARTICLE 11 KEY PERSONNEL

ARTICLE 12 COMPENSATION FOR LOSSES

ARTICLE 13 EXPROPRIATION

ARTICLE 14 TRANSFERS RELATED TO INVESTMENTS1

ARTICLE 15 SUBROGATION

ARTICLE 16 RELATION TO OTHER AGREEMENTS1

ARTICLE 17 NON-APPLICATION OF PART III IN CERTAIN CIRCUMSTANCES

PART IV MISCELLANEOUS PROVISIONS

ARTICLE 18 SOVEREIGNTY OVER ENERGY RESOURCES

ARTICLE 19 ENVIRONMENTAL ASPECTS

ARTICLE 20 TRANSPARENCY

ARTICLE 21 TAXATION

ARTICLE 22 STATE AND PRIVILEGED ENTERPRISES1

ARTICLE 23 OBSERVANCE BY SUB-NATIONAL AUTHORITIES1

ARTICLE 24 EXCEPTIONS1

ARTICLE 25 ECONOMIC INTEGRATION AGREEMENTS1

PART V DISPUTE SETTLEMENT

ARTICLE 26 SETTLEMENT OF DISPUTES BETWEEN AN INVESTOR AND A CONTRACTING PARTY1

ARTICLE 27 SETTLEMENT OF DISPUTES BETWEEN CONTRACTING PARTIES

ARTICLE 28 EXCLUSION OF CERTAIN PROVISIONS OF THE ECT FROM THE SETTLEMENT OF DISPUTES BETWEEN CONTRACTING PARTIES

PART VI TRANSITIONAL PROVISIONS

ARTICLE 29 INTERIM PROVISIONS ON TRADE-RELATED MATTERS

ARTICLE 30 DEVELOPMENTS IN INTERNATIONAL TRADING ARRANGEMENTS

ARTICLE 31 ENERGY-RELATED EQUIPMENT

ARTICLE 32 TRANSITIONAL ARRANGEMENTS

PART VII STRUCTURE AND INSTITUTIONS.

ARTICLE 33 ENERGY CHARTER PROTOCOLS AND DECLARATIONS

ARTICLE 34 ENERGY CHARTER CONFERENCE1

ARTICLE 35 SECRETARIAT

ARTICLE 36 VOTING

ARTICLE 37 FUNDING PRINCIPLES

PART VIII. FINAL PROVISIONS

ARTICLE 38 SIGNATURE

ARTICLE 39 RATIFICATION, ACCEPTANCE OR APPROVAL

ARTICLE 40 APPLICATION TO TERRITORIES

ARTICLE 41 ACCESSION

ARTICLE 42 AMENDMENTS

ARTICLE 43 ASSOCIATION AGREEMENTS

ARTICLE 44 ENTRY INTO FORCE

ARTICLE 45 PROVISIONAL APPLICATION

ARTICLE 46 RESERVATIONS

ARTICLE 47 WITHDRAWAL

ARTICLE 48 STATUS OF ANNEXES AND DECISIONS1

ARTICLE 49 DEPOSITARY

ARTICLE 50 AUTHENTIC TEXTS

APPENDIX: GAS INFRASTRUCTURE IN EURASIA AND THE ROLE OF THE ENERGY CHARTER: TRANSIT ISSUES BETWEEN RUSSIA AND THE EUROPEAN UNION

INDEX.

Notes:

Includes bibliographical references and index.

Description based on print version record.

Includes index.

Other Format:

Print version: Leal-Arcas, Rafael Commentary on the Energy Charter Treaty

ISBN:

9781035316281