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| Author | : Graham Coop |
| Publisher | : Juris Publishing, Incorporated |
| Total Pages | : 408 |
| Release | : 2008 |
| Genre | : Law |
| ISBN | : |
| Author | : Crina Baltag |
| Publisher | : International Arbitration Law |
| Total Pages | : 0 |
| Release | : 2012 |
| Genre | : Business & Economics |
| ISBN | : 9789041134288 |
Originally presented as the author's thesis (doctoral)--University of London. Queen Mary, 2011.
| Author | : Shamsu Yahaya |
| Publisher | : GRIN Verlag |
| Total Pages | : 70 |
| Release | : 2010-01-28 |
| Genre | : Law |
| ISBN | : 3640519124 |
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 | : PROF. DR KAJ. HOBER |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 647 |
| Release | : 2020 |
| Genre | : Energy Charter Treaty |
| ISBN | : 9780199660995 |
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.
| Author | : Thomas Walde |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 732 |
| Release | : 1996-07-25 |
| Genre | : Law |
| ISBN | : 9041109137 |
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 | : Graham Coop |
| Publisher | : Juris Publishing, Inc. |
| Total Pages | : 472 |
| Release | : 2011-06-01 |
| Genre | : Law |
| ISBN | : 1933833793 |
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.
| Author | : Rafael Leal-Arcas |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 584 |
| Release | : 2018 |
| Genre | : FICTION |
| ISBN | : 1788117492 |
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 | : Crina Baltag |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 331 |
| Release | : 2012-01-01 |
| Genre | : Law |
| ISBN | : 9041141901 |
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 | : Ottavio Quirico |
| Publisher | : BRILL |
| Total Pages | : 179 |
| Release | : 2021-07-05 |
| Genre | : Law |
| ISBN | : 9004463437 |
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.
| Author | : Thomas Roe |
| Publisher | : Cambridge University Press |
| Total Pages | : 273 |
| Release | : 2011-04-14 |
| Genre | : Law |
| ISBN | : 1139497057 |
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.
