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Silke Goldberg, Naomi Lisney and Anne Eckenroth

This chapter introduces the idea that the European Charter Treaty ("ECT") recognised the need to adapt to the World Trade Organisation ("WTO") system whilst preserving its relevance to the entire energy sector. The ECT faced challenges in relation to its scope and applicability in the context of international law. The Amendment to the Trade-Related Provisions of the ECT facilitated by Articles 30 and 31, the transitional arrangements under Article 32, and the Protocols and Declarations negotiated pursuant to Article 33 work to extend the benefits and obligations of WTO membership to those ECT member states not yet in the WTO.

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Silke Goldberg, Naomi Lisney and Anne Eckenroth

This chapter discusses the requirement under Article 31 for the provisional Charter Conference to examine the inclusion of energy-related equipment in the trade-related provisions of the Energy Charter Treaty ("ECT"), which originally applied only to trade in fossil and other forms of fuels. The Amendment to the Trade-Related Provisions of the ECT extended the scope of the ECT to include a large variety of energy-related equipment, helping to ensure the ECT remains relevant to the entire energy sector, whilst removing barriers to trade, allowing for the development of an open market, and promoting access to environmental technologies within emerging economies.

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Silke Goldberg, Naomi Lisney and Anne Eckenroth

Article 32 of the Energy Charter Treaty ("ECT") entitled certain countries to temporarily suspend full compliance with specific ECT provisions through negotiated transitional arrangements. This chapter describes how the exceptions claimed were modest and often related to areas where a country required technical or financial assistance to reach compliance. The last transitional arrangements were phased out on 1 July 2001. Whilst full compliance means liability to ECT investor protections, it has been shown that these countries will not be held liable to investors for any changes to competition laws made in an effort to comply with the ECT, which were foreseeable at the time of investment.

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Silke Goldberg, Naomi Lisney and Anne Eckenroth

Article 33 enables the European Energy Charter Conference (the "Charter") to authorise the negotiation of Protocols and Declarations to further its objectives. Energy efficiency, investment, trade, and transit were identified as the four central pillars of the Charter's legal instruments. This chapter discusses the adoption of the Energy Charter Protocol on Energy Efficiency and Related Environmental Aspects, which relates to the Charter's first pillar. This chapter also demonstrates why, following dispute between the EU and Russia over transit tariffs, rights for existing transit shippers and the Regional Economic Integration Organisation clause, a Protocol on energy transit now appears unlikely.