The Energy Charter Treaty

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Commentary on the Energy Charter Treaty

Author : Rafael Leal-Arcas
Publisher : Edward Elgar Publishing
Page : 597 pages
File Size : 45,9 Mb
Release : 2023-12-11
Category : Law
ISBN : 9781035316281

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Commentary on the Energy Charter Treaty by Rafael Leal-Arcas Pdf

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

Author : Thomas Walde
Publisher : Kluwer Law International B.V.
Page : 732 pages
File Size : 50,6 Mb
Release : 1996-07-25
Category : Law
ISBN : 9789041109132

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The Energy Charter Treaty:An East-West Gateway for Investment and Trade by Thomas Walde Pdf

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.

Investment Protection and the Energy Charter Treaty

Author : Graham Coop,Clarisse Carvalho Ribeiro
Publisher : Juris Publishing, Incorporated
Page : 408 pages
File Size : 53,5 Mb
Release : 2008
Category : Law
ISBN : STANFORD:36105134441083

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Investment Protection and the Energy Charter Treaty by Graham Coop,Clarisse Carvalho Ribeiro Pdf

Investment Governance between the Energy Charter Treaty and the European Union

Author : Ottavio Quirico
Publisher : BRILL
Page : 179 pages
File Size : 44,9 Mb
Release : 2021-07-05
Category : Law
ISBN : 9789004463431

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Investment Governance between the Energy Charter Treaty and the European Union by Ottavio Quirico Pdf

Against the background of climate change, Ottavio Quirico explores how regulatory conflicts between the Energy Charter Treaty and the law of the European Union should be resolved.

The Energy Charter Treaty

Author : PROF. DR KAJ. HOBER,Kaj Hobér
Publisher : Oxford University Press, USA
Page : 647 pages
File Size : 53,5 Mb
Release : 2020
Category : Energy Charter Treaty
ISBN : 0199660999

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The Energy Charter Treaty by PROF. DR KAJ. HOBER,Kaj Hobér Pdf

A detailed article-by-article commentary on the Energy Charter Treaty, including coverage and analysis of the Treaty's history, background, jurisprudence, and reference to relationships with other treaties.

The Energy Charter Treaty and Related Documents

Author : Anonim
Publisher : ENERGY CHARTER SECRETARIAT
Page : 232 pages
File Size : 52,7 Mb
Release : 2004
Category : Energy development
ISBN : 9789059480292

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The Energy Charter Treaty and Related Documents by Anonim Pdf

The Energy Charter Treaty

Author : Crina Baltag
Publisher : Kluwer Law International B.V.
Page : 331 pages
File Size : 40,5 Mb
Release : 2012-01-01
Category : Law
ISBN : 9789041141903

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The Energy Charter Treaty by Crina Baltag Pdf

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.

The Energy Charter Treaty

Author : Julia Doré,Robert De Bauw
Publisher : Royal Institute of International Affairs
Page : 124 pages
File Size : 55,6 Mb
Release : 1995
Category : History
ISBN : STANFORD:36105018324173

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The Energy Charter Treaty by Julia Doré,Robert De Bauw Pdf

"The Energy Charter Treaty was launched with great fanfare to lay out the ground rules for massive investment in the energy resources and structures of central and eastern Europe. A general political statement was readily agreed upon, but negotiations on the Basic Agreement took several years before it was finally signed in December 1994. A follow-up treaty and protocols have yet to be negotiated." "This report examines the origins and evolution of the Energy Charter, summarizes the main elements of the Basic Agreement, and assesses the strengths, weaknesses and ultimate significance of the Charter."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

The Energy Charter Treaty

Author : International Energy Agency. Legal Counsel
Publisher : Unknown
Page : 48 pages
File Size : 45,5 Mb
Release : 1994
Category : Business & Economics
ISBN : UOM:39015034273691

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The Energy Charter Treaty by International Energy Agency. Legal Counsel Pdf

The Energy Charter Treaty

Author : Thomas W. Waelde
Publisher : Unknown
Page : 630 pages
File Size : 55,5 Mb
Release : 1996
Category : Energy development
ISBN : 5713311392

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The Energy Charter Treaty by Thomas W. Waelde Pdf

The Energy Charter Treaty

Author : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 49,8 Mb
Release : 2002
Category : Electronic
ISBN : 9059480031

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The Energy Charter Treaty by Anonim Pdf

Multilateral Investment Treaties: Is the energy charter treaty an effective instrument for protecting international investments?

Author : Shamsu Yahaya
Publisher : GRIN Verlag
Page : 77 pages
File Size : 43,5 Mb
Release : 2010
Category : Electronic
ISBN : 9783640521760

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Multilateral Investment Treaties: Is the energy charter treaty an effective instrument for protecting international investments? by Shamsu Yahaya Pdf

Masterarbeit aus dem Jahr 2009 im Fachbereich Jura - Zivilrecht / Handelsrecht, Gesellschaftsrecht, Kartellrecht, Wirtschaftsrecht, University of Abertay Dundee (Centre for energy, petroleum and mineral law and policy), Sprache: Deutsch, Abstract: The end of the cold war signalled an emerging need for economic integration between Western European countries and those countries which comprised the former Soviet Union. The energy sector was considered a perfect starting point for pursuing such cooperation mainly due to the fact that Eastern European countries were considered rich in oil and gas reserves. For this purpose, the Energy Charter Treaty as well as the Energy Charter Protocol were signed in December 1994 and came into effect on 16th April, 1998. The aim of the Treaty was to establish a comprehensive legal framework for promoting long-term cooperation between signatory countries in the energy sector. Indeed, the treaty is considered a powerful tool for investors as it grants direct right to initiate arbitration proceedings against host governments where there are alleged breaches of investment obligations. The purpose of this dissertation is to take a critical look at the effectiveness or otherwise of the treaty as regards the protection of international investments in the energy sector. A historical background leading up to the signing of the charter will be rendered. Also, the provisions of the treaty regarding investment protection and arbitration taking certain case studies of causes of action brought under the treaty will be discussed. Furthermore, a critical look at the shortcomings of the treaty will be attempted. The research findings will show that several successful cases have been concluded under the treaty; but criticisms and limits to the effectiveness of the treaty will be highlighted.

NAFTA and the Energy Charter Treaty:Compliance With, Implementation and Effectiveness of International Investment Agreements

Author : Mirian Omalu
Publisher : Kluwer Law International B.V.
Page : 322 pages
File Size : 53,9 Mb
Release : 1999-01-01
Category : Law
ISBN : 9789041110763

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NAFTA and the Energy Charter Treaty:Compliance With, Implementation and Effectiveness of International Investment Agreements by Mirian Omalu Pdf

The North American Free Trade Agreement (NAFTA) and the Energy Charter Treaty (ECT) are the first major multilateral treaties to impose obligations on governments concerning the protection and treatment of foreign investments. These obligations are enforceable by private companies. NAFTA and the ECT examines the effectiveness of the investment rules of these treaties and analyses the mechanisms adopted to enhance compliance, and to facilitate the implementation and enforcement of the relevant rules and regulations. Coverage of this work includes: a conceptual analysis of the precise meaning and theoretical foundation of compliance, implementation, and effectiveness; an examination of issues of direct effect and direct international responsibility in terms of the practical question of the treaties' impact on the domestic regimes of states; an exploration of the issues of transparency and monitoring to achieve enhanced compliance; and a close look at a number of key links in the field andndash; between the investment rules and the workings of national legal and governmental systems, between national and international law, between different disciplines involved (international law, international relations, international politics, and economics), and between transparency and compliance monitoring. NAFTA and the ECT also offers several helpful features, including results from a questionnaire-based survey circulated to the main players in the realm of foreign investment which offer unique insights on the prevalent perception of the industry towards NAFTA and the ECT; and original suggested provisions and frameworks which would enhance the effectiveness of the investment rules. The thought-provoking issues probed and conclusions reached and the interdisciplinary and comparative approach taken make NAFTA and the ECT a compelling new resource for academics, policymakers, and others interested in the effectiveness of international investment agreements and the tools employed in their implementation and enforcement.

Investment Arbitration and the Energy Charter Treaty

Author : Clarisse Ribeiro
Publisher : Juris Publishing, Incorporated
Page : 329 pages
File Size : 51,9 Mb
Release : 2006
Category : Arbitration (International law
ISBN : 1929446942

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Investment Arbitration and the Energy Charter Treaty by Clarisse Ribeiro Pdf

Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty

Author : Graham Coop
Publisher : Juris Publishing, Inc.
Page : 472 pages
File Size : 51,7 Mb
Release : 2011-06-01
Category : Law
ISBN : 9781933833798

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Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty by Graham Coop Pdf

Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty is a compilation of written contributions prepared in the context of a conference organized by the Energy Charter Secretariat, in cooperation with five other well-known legal institutions (the Arbitration Institute of the Stockholm Chamber of Commerce, the British Institute of International and Comparative Law, the International Centre for Settlement of Investment Disputes, the International Chamber of Commerce and the Permanent Court of Arbitration). This highly successful conference took place in Brussels in October 2009. Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty focuses on investment arbitration under the Energy Charter Treaty (or ECT) and on transit dispute resolution under the ECT. Part I consists of a review of awards, decisions and other developments in ECT investment arbitrations, of which nearly 30 were in the public domain as of 1 January 2011. Part II deals with the relationship between bilateral investment treaties, the ECT as a multilateral investment treaty, and European Union (EU) law, and addresses the question of whether conflict between these legal systems is inevitable. In Part III, the book reviews the highly developed provisional application mechanism of the ECT, particularly in relation to Russia, which signed the ECT in 1994 but has never ratified it. Part IV deals with the energy transit provisions of the ECT and the Treaty’s potential application with respect to East-West energy transit and supply disputes. The book also contains an Editor’s Preface, introductory and closing remarks, a table of contents, a detailed index, and an Appendix in the form of a CD-ROM containing the rules of arbitration of the three international arbitration mechanisms provided by the ECT (ICSID, SCC and ad hoc UNCITRAL arbitration). The book is of international application, particularly within the 51-country Energy Charter constituency (Western, Central and Eastern Europe, the former Soviet Union, Japan, Turkey, Mongolia and Australia), but is relevant to energy and international arbitration lawyers worldwide.