The Energy Charter Treaty:An East-West Gateway for Investment and Trade

The Energy Charter Treaty:An East-West Gateway for Investment and Trade

Author: Thomas Walde

Publisher: Kluwer Law International B.V.

Published: 1996-07-25

Total Pages: 732

ISBN-13: 9041109137

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The Energy Charter Treaty, initiated by the 1991 European Energy Charter and completed in December 1994, is an innovative major multilateral investment and trade treaty. The book has an introduction by Ruud Lubbers who, as the Dutch Prime Minister, played the key role in initiating the Energy Charter negotiations. It brings together contributions on the energy/investment background, the geopolitical context, the Energy Charter negotiations and the relevant specific topics of the Treaty (focusing on investment and trade, but also environment, competition and transit) by the key specialists on the subject, ranging from countries such as the US (which in the end decided not to join the Treaty) to Russia and Kazakhstan, including energy and investment specialists, international investment and commercial lawyers and arbitrators. The contributors include noted international energy/economic law authorities, but also key participants and observers of the Treaty negotiations. This book is intended to provide the first authoritative analysis of the background, negotiations and content of the Energy Charter Treaty and to provide support and guidance for subsequent negotiations and the difficult challenges involved in interpretation and application of the Treaty. It will be an essential tool for anybody working with the Energy Charter Treaty. The book contains in its annex the major documents of the Treaty: The 1991 European Energy Charter, the 1994 Treaty and its relevant Protocols, Annexes, Understandings and Final Act Declarations.


The Energy Charter Treaty

The Energy Charter Treaty

Author: Crina Baltag

Publisher: Kluwer Law International B.V.

Published: 2012-01-01

Total Pages: 348

ISBN-13: 9041141901

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The Energy Charter Treaty (ECT) is a multilateral treaty in the energy sector, entered into force in April 1998, which gained worldwide recognition mainly because of its provisions on the promotion and protection of investments. The ECT currently has over 45 contracting parties. Its popularity increased significantly in the last few years following the proliferation of disputes submitted to arbitration under Article 26 of the ECT, while investors became more familiarized with the rights granted by the ECT in respect of their investments. At present, more than 20 disputes between investors and contracting parties have been submitted to arbitration. The requirements of ‘investor’ and ‘investment’ are essential for the benefit of the protection offered by the ECT. The book suggests a comprehensive approach to the notion of ‘investor’. It analyzes the notion of ‘investor’ in an inclusive manner, starting with the concept of Contracting Party to the ECT and its implications in respect of the notion of ‘investor’, going through nationality, permanent residency, dual nationality, companies and other legal entities and shareholders, to the notion of ‘investment’ and its role in defining the concept of ‘investor’ under the ECT. The aim of the book is to shed light on the proper meaning of the notion of ‘investor’ under the ECT, considering the close relationship between the ECT and other treaties such as the ICSID Convention and arbitration rules.


Commentary on the Energy Charter Treaty

Commentary on the Energy Charter Treaty

Author: Rafael Leal-Arcas

Publisher: Edward Elgar Publishing

Published: 2023-12-11

Total Pages: 597

ISBN-13: 1035316285

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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.


World Trade Law and the Emergence of International Electricity Markets

World Trade Law and the Emergence of International Electricity Markets

Author: Christopher Frey

Publisher: Springer Nature

Published: 2022-06-02

Total Pages: 284

ISBN-13: 3031047567

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The expansion of cross-border power transmission infrastructures and the regional integration of electricity markets are accelerating on several continents. The internationalization of trade in electric energy is embedded in an even greater transformation: the transition from fossil fuels to renewable energies and the race to net zero emissions. Against this backdrop, this book provides a comprehensive examination of the regulatory framework that governs the established and newly emerging electricity trading relations. Taking the technical and economic foundations as a starting point and thoroughly examining current developments on four continents, the book provides a global perspective on the state of the art in electricity market integration. in doing so, it focuses on the most relevant issues including transit of electricity, quantitative restrictions, market foreclosure and anti-competitive practices employed by the actors on electricity markets. In turn, the book carefully analyzes the regulatory framework provided by the WTO Agreements, the Energy Charter Treaty and other relevant preferential trade agreements. In its closing section, it moves beyond the applicable legal architecture to make concrete proposals on the future design of global trade rules specifically tailored to the electricity sector, which could provide a more reliable and transparent framework for the multilateral regulation of electricity trade.


The Law of Investment Treaties

The Law of Investment Treaties

Author: Jeswald W. Salacuse

Publisher: Oxford University Press

Published: 2021-02-18

Total Pages: 640

ISBN-13: 0192591525

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Investment treaties grant special international protection to foreign investors, and give them a means to enforce those rights against States in which they have invested. This book systematically examines the law of international investment treaties, particularly with respect to its origins, structure, content, and effects. Although the precise provisions of investment treaties are not uniform, virtually all investment treaties address the same issues. This book examines those issues in detail, including the scope of application, conditions for the entry of foreign investment, and general standards of treatment of foreign investments. Investment treaty law has continued to evolve rapidly and dramatically since publication of the second edition of this work in 2015. The field has seen considerable growth in the number and scope of investment treaties, now estimated at 3300, and investor-state arbitrations cases, which reached over 1000 in 2020. The field has also experienced significant changes and reforms. In 2018, eleven Pacific Basin Countries, despite the withdrawal of the United States, forged ahead to conclude the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTTP), a potentially far reaching regional trade and investment agreement. The next year, the three north American nations replaced the North American Free Trade Agreement (NAFTA) with the United States-Mexico-Canada Agreement (USMCA). And in 2020, European Union member states terminated over 100 intra-EU BITs, leaving intra-EU investors to rely on EU law and legal processes alone for protection from unfavourable government acts. This edition of The Law of Investment Treaties incorporates a consideration of all of these and other reforms into its analysis of the body of law created by investment treaties since World War II.


Handbook of Energy Governance in Europe

Handbook of Energy Governance in Europe

Author: Michèle Knodt

Publisher: Springer Nature

Published: 2022-09-21

Total Pages: 1333

ISBN-13: 3030432505

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This Handbook provides the most comprehensive account of energy governance in Europe, examining both energy governance at the European level and the development of energy policy in 30 European countries. Authored by leading scholars, the first part of the book offers a broad overview of the topics of energy research, including theories of energy transitions, strategies and norms of energy policy, governance instruments in the field, and challenges of energy governance. In the second part, it examines the internal and external dimensions of energy governance in the European Union. The third part presents in-depth country studies, which investigate national trajectories of energy policy, including an analysis of the policy instruments and coordination mechanisms for energy transitions. It closes with a comparative analysis of national energy governance. This book is a definitive resource for scholars in energy and climate research as well as decision makers in national governments and EU institutions.


Research Handbook on International Energy Law

Research Handbook on International Energy Law

Author: Kim Talus

Publisher: Edward Elgar Publishing

Published: 2014-04-25

Total Pages: 698

ISBN-13: 1781002207

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International energy law is an elusive but important concept. There is no body of law called Šinternational energy law�, nor is there any universally accepted definition for it, yet many specialised areas of international law have a direct relationship


Cross-Border Pipeline Arrangements

Cross-Border Pipeline Arrangements

Author: Chowdhury Ishrak Ahmed Siddiky

Publisher: Kluwer Law International B.V.

Published: 2011-12-14

Total Pages: 427

ISBN-13: 9041142886

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This book deals with the problems which occur when one or more parties in a pipeline do not abide by some obligations agreed among them at the beginning of the project. Such problems are most serious when geo-political, legal, or economic developments lead governments to intervene, resulting in the breach of a legitimate expectation of the stakeholders involved. Using regime theory as an analytical tool, the author explores participant behaviour in seven specific case studies that manifest different levels of enforcement to constrain intervention. In the course of the analysis he covers such aspects as the following: the basic principles of freedom of transit, non-interference, non-discrimination, and equal treatment; the government’s role as provider of security and stability; crucial importance of government credibility; pipelines as national strategic assets; energy security; land acquisition and appropriate compensation; third party access; transit tariffs and fees; environmental and safety standards; liability; each country’s role in safeguarding the pipeline; and the effect of new national oil and gas legislation in any country partner. In the final analysis the author proposes the creation of an autonomous unifying mechanism in the form of an agency with strong regime credentials. He shows how such a body would reduce the level of intervention by government or other parties in the pipeline regime, without interfering in the sovereignty of any particular country. He clearly outlines the process through which the agency would use its enforcement capabilities. As more and more pipelines are being built all over the world, and as the nature of relations among energy exporting, importing, and transit countries becomes ever more critical, this book comes as a fresh and cogent approach to this very important subject. It will be welcomed by all interested parties in oil and gas industry and regulation, as well as by academics and officials in international relations.


Energy in International Trade Law

Energy in International Trade Law

Author: Anna-Alexandra Marhold

Publisher: Cambridge University Press

Published: 2021-07-15

Total Pages: 355

ISBN-13: 1108666434

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Against the backdrop of energy markets that have radically changed in recent decades, this book offers an in-depth study of energy regulation in international trade law. The author seeks to clarify what we define as 'energy' in the context of the applicable international trade rules, and gives the reader a thorough analysis of the concepts, history and law of the various legal frameworks underpinning international energy trade. In addition, several case studies address the ongoing quest for energy security and show how the existing rules relate to some of the vast challenges that energy markets face today, notably the decentralisation and decarbonisation of energy markets.