Transfer of technology is an important instrument for international energy cooperation as well as energy trade and investments. Besides commercial transfer of technology, there is a vast range of non-commercial transfer of technology within the framework of international cooperation agreements related, inter alia, to infrastructure projects, research, transport, etc., with consequences in different areas, such as the environmental field or concerning intellectual property rights. In this regard, the cross-border energy technology cooperation brings economic growth for the involved zone. Accordingly, this chapter makes a commentary on this legal provision to understand its raison d’être and relevance in the energy sector.
Beatriz Huarte Melgar
Access to capital (ECT Art 9) is, like ECT Article 8, a significant instrument for international energy cooperation as well as energy trade and investments. This legal provision is fundamental to finance trade in energy materials and products and, therefore, to promote the investments of foreign enterprises and their operations. However, the drafting of this precept has been carried out so as to find a compromise among the ECT Contracting Parties; accordingly, it can be considered as a ‘best efforts’ clause. In this regard, this chapter makes a commentary on ECT Article 9 to understand its raison d’être and relevance for the access to capital markets in the energy sector.