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 : 46,7 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.

Author : Thomas W. Waelde
Publisher : Unknown
Page : 630 pages
File Size : 42,7 Mb
Release : 1996
Category : Energy development
ISBN : 5713311392

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The Energy Charter Treaty by Thomas W. Waelde Pdf

Author : Shamsu Yahaya
Publisher : GRIN Verlag
Page : 77 pages
File Size : 46,8 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.

Author : Rafael Leal-Arcas
Publisher : Edward Elgar Publishing
Page : 584 pages
File Size : 41,9 Mb
Release : 2018
Category : FICTION
ISBN : 9781788117494

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

The Commentary on the Energy Charter Treaty (ECT) provides a unique, article-by-article, textual analysis of this important international agreement. 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.

Author : Julia Doré,Robert De Bauw
Publisher : Royal Institute of International Affairs
Page : 124 pages
File Size : 49,8 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

Author : Crina Baltag
Publisher : Kluwer Law International B.V.
Page : 331 pages
File Size : 48,6 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.

Author : Anonim
Publisher : ENERGY CHARTER SECRETARIAT
Page : 232 pages
File Size : 53,9 Mb
Release : 2004
Category : Energy development
ISBN : 9789059480292

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The Energy Charter Treaty and Related Documents by Anonim Pdf

Author : Andrew Paul Newcombe,Lluís Paradell
Publisher : Kluwer Law International B.V.
Page : 644 pages
File Size : 44,6 Mb
Release : 2009-01-01
Category : Political Science
ISBN : 9789041123510

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Law and Practice of Investment Treaties by Andrew Paul Newcombe,Lluís Paradell Pdf

The book focuses on the substantive protections accorded to investors and investments and on the variations among jurisdictions. Among the many specific issues and topics that arise in the course of the discussion are the following: - problems of transparency and conflict of interest; - the recent growth in IIAs between and among developing nations; - the effect of new model bilateral investment treaties (BITs); - the ability of non-disputing parties to participate in investor-state arbitration; - theories of the interaction of foreign direct investment (FDI) and BITs; - investor-state arbitration as an evasion of public regulatory authority; - the role of investment funds in international investment; - 'fork in the road' provisions; and - institutional versus ad hoc arbitration. International business and other investors will greatly appreciate the in-depth information and insightful guidance in this solidly useful book. It will also be welcomed by jurists and students as a significant milestone in the development of principles in a quickly growing field of practice that is still plagued with inconsistencies.

Author : Lars Albath
Publisher : Cameron May
Page : 299 pages
File Size : 49,6 Mb
Release : 2004
Category : Electric industries
ISBN : 9781905017027

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Trade and Energy by Lars Albath Pdf

Author : Thomas Roe,Matthew Happold
Publisher : Cambridge University Press
Page : 273 pages
File Size : 55,8 Mb
Release : 2011-04-14
Category : Law
ISBN : 9781139497053

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Settlement of Investment Disputes under the Energy Charter Treaty by Thomas Roe,Matthew Happold Pdf

The Energy Charter Treaty has come of age, with almost 50 States parties and a small but growing body of arbitral case law. In this new study of the Treaty's investment protection provisions, Thomas Roe and Matthew Happold set out to identify and explain the Treaty's principal provisions and to suggest answers to some of the difficult problems thrown up by its drafting. They discuss in detail questions such as the standards of protection granted by the Treaty and the international responsibility of States for breaches of the Treaty, the various procedures available for the vindication of rights under the Treaty and the conditions to be satisfied before a claimant's complaint may be considered on the merits. Specific issues addressed include the impact of EU law on claims under the Treaty and the Treaty's provisions concerning taxation.

Author : Cornel Marian
Publisher : Kluwer Law International B.V.
Page : 300 pages
File Size : 50,7 Mb
Release : 2020-09-28
Category : Law
ISBN : 9789403518039

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The State's Power to Tax in the Investment Arbitration of Energy Disputes by Cornel Marian Pdf

The State’s Power to Tax in the Investment Arbitration of Energy Disputes Outer Limits and the Energy Charter Treaty Cornel Marian States today are expected not only to regulate the efficient and safe production and distribution of energy to end-users but also to incentivize increased production of energy and the transition to clean energy. In recent years, states are increasingly relying on taxation measures to address the economic challenges affecting the energy sector. This book provides the first in-depth exploration of the intersection between the treaty investment protection regime and taxation measures, as these materialize in investor-state energy disputes. With the analysis of all known and pending cases under the Energy Charter Treaty (ECT), as well as non-ECT cases and bilateral investment treaties which have heavily influenced ECT jurisprudence, the author develops a deeply informed energy tax policy that greatly mitigates the points of tension in the current regime. He closely investigates the following elements of the subject: aligning the ECT Taxation Article with the taxation articles of other investment treaties; tracing current case law to the original arbitration decisions involving tax measures; extrapolating the interplay of taxation provisions with substantive standards of investment protection as reviewed by international arbitral tribunals; evaluating the outer limits of the state’s power to tax under investment treaties and public international law; and addressing how the Yukos arbitration case has changed the framework of taxation issues in investment arbitration. In a clear and concise manner, the author provides the necessary framework to dissect any taxation chapter of an investment treaty and presents tools for the development of long-term tax policy and the adoption of model taxation clauses for sustainable investment protection mechanisms. The book takes a giant step toward meeting the ECT’s mandate to promote long-term cooperation in the energy field with a set of defined objectives focusing on trade, cooperation, energy efficiency, and environmental protection. It will be of immeasurable value to states in developing tax-specific investment incentive schemes as well as to investors in completing a necessary level of due diligence against possible adverse tax measures. Practitioners and academics with a focus on international arbitration will benefit from the book’s systematic approach to the complex taxation provisions of investment protection treaties and more readily recognize the “red flags” attached to national taxation provisions and their impact on investments in the energy sector.

Author : Katia Yannaca-Small
Publisher : Oxford University Press
Page : 790 pages
File Size : 49,9 Mb
Release : 2010-04-07
Category : Law
ISBN : 9780199712601

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Arbitration Under International Investment Agreements by Katia Yannaca-Small Pdf

Investor-state arbitration is a relatively new dispute settlement mechanism that allows foreign investors the opportunity to seek redress for damages arising out of breaches of investment-related treaty obligations by the governments of host countries. Claims are submitted to independent, international arbitration tribunals, which are called upon to interpret the treaty at hand. Because of the public interest involved in these cases, the awards of these tribunals are subject to much scrutiny and debate. Thus, it has already generated hundreds of cases and created new legal disciplines, inspiring a continuous string of legal writings. This book provides a comprehensive analysis of the main issues that arise in investor-state arbitration. It accompanies the reader through the phases of such a procedure, starting with an examination of the instruments, which provide, in the overwhelming majority of the cases, the legal basis for the requests for such arbitration. It then continues with the launching of the arbitration procedure, followed by the analysis of the main jurisdictional and substantive issues that the tribunals are confronted with, and the review procedures, when there is a request for setting aside of the award. It finally looks at the post-award phase and concludes with a reflection on the role of precedent in investment arbitration. Arbitration under International Investment Agreements: a Guide to the Key Issues contains in one volume what everybody needs to know on this evolving topic. Calling on the most renowned experts in this field, private practitioners, academics, government and international organization officials, it describes the process in all its phases from A to Z, providing a comprehensive insight in the way investor-state arbitration works from the perspective of the main actors involved. Its analyses of all key aspects of the topic are pragmatic and reliable.

Author : Martha M. Roggenkamp,Kars J. de Graaf,Ruven C. Fleming
Publisher : Edward Elgar Publishing
Page : 865 pages
File Size : 51,9 Mb
Release : 2021-05-21
Category : Law
ISBN : 9781788119689

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Energy Law, Climate Change and the Environment by Martha M. Roggenkamp,Kars J. de Graaf,Ruven C. Fleming Pdf

This comprehensive volume of the Elgar Encyclopedia of Environmental Law provides an overview of the major elements of energy law from a global perspective. Based on an in-depth analysis of the energy chain, it offers insight into the impacts of climate change and environmental issues on energy law and the energy sector. This timely reference work highlights the need for modern energy law to consider environmental impacts and promote the use of clean energy sources, whilst also safeguarding a reliable and affordable energy supply.

Author : IBP. Inc. USA
Publisher : Unknown
Page : 300 pages
File Size : 40,5 Mb
Release : 2015-06-01
Category : Electronic
ISBN : 1514523167

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Energy Charter Treaty Members Trade and Investment Agreements Handbook - Strategic Information and Basic Agreements by IBP. Inc. USA Pdf

Energy Charter Treaty members Trade and Investment Agreements Handbook - Strategic Information and Basic Agreements

Author : Jeswald W. Salacuse
Publisher : OUP Oxford
Page : 472 pages
File Size : 51,9 Mb
Release : 2013-02-14
Category : Law
ISBN : 9780191665301

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The Three Laws of International Investment by Jeswald W. Salacuse Pdf

International investments are governed by three different legal frameworks: 1) national laws of both the host country and the investor's home country; 2) contracts, whether between the investor and the host country or among investors and their associates; and 3) international law, consisting of applicable treaties, customs, and general principles of law. Together, these three frameworks profoundly influence the organization, operation, and protection of foreign investments. Investors, government officials, and their legal counsel must therefore understand the complex interaction among these frameworks and how best to employ them to advance their interests. This book examines the content of each of these three legal frameworks for international investment and explores how they influence the foreign investment process and the nature of investment transactions, projects, and enterprises. The book is divided into five parts. Part I, after explaining the contemporary nature and significance of international investment, examines the theoretical and practical links between law and the investment process. Part II explores the nature of national laws regulating foreign investment. Part III considers of the various contractual frameworks for international investments, looking at their negotiation, content, and stability. Part IV sets out the international legal framework governing foreign investment, focusing on the content and nature of investment treaties and on general principles. Finally, Part V discusses how the three legal frameworks interact with each other. By comprehensively examining each of the applicable legal frameworks, this book provides a vital overview of the laws, rules, and regulations governing foreign investment for lawyers, scholars, students, and government officials.