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Diego Mejía-Lemos

This chapter provides a commentary of Article 10 of the Energy Charter Treaty (ECT). The commentary places emphasis on the ways in which Article 10 has been interpreted and applied by various arbitral tribunals constituted pursuant to the ECT. This chapter is based on a comprehensive survey of decisions of those ECT arbitral tribunals and the existing literature on Part III and Article 10. Article 10 belongs to Part III. Part III sets out obligations regarding ‘promotion, protection and treatment’ of investments under the ECT. Article 10 is a complex provision, which comprises Article 10(1) and 10(2)–10(12), and sets out the standards of investment protection under the ECT. Article 10(1), in particular, is divided into ‘five sentences’. The ECT and Article 10, in particular, do not operate in a vacuum, but as a special system of treaty law within the broader framework of general international law. Consequently, this chapter addresses various general international law questions arising in connection with arbitrations under the ECT, including issues governed by the law of treaties and the law of international responsibility.

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Diego Mejía-Lemos

This chapter provides a commentary of Article 11 of the Energy Charter Treaty (ECT). This chapter is mainly based on a survey of similar treaty practice and selected literature. Article 11 belongs to Part III. Part III sets out obligations regarding ‘promotion, protection and treatment’ of investments under the ECT. Article 11 contains provisions relating to the treatment of ‘key personnel’ under the ECT.

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Diego Mejía-Lemos

This chapter provides a commentary of Article 12 of the Energy Charter Treaty (ECT). Article 12 belongs to Part III. Part III sets out obligations regarding ‘promotion, protection and treatment’ of investments under the ECT. Article 12 contains provisions regarding ‘compensation for losses’ under the ECT.

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Diego Mejía-Lemos

This chapter provides a systematic commentary of Article 13 of the Energy Charter Treaty (ECT). The commentary places emphasis on the manner in which Article 13 has been interpreted and applied by arbitral tribunals constituted pursuant to the ECT. Article 13 belongs to Part III. Part III sets out obligations regarding ‘promotion, protection and treatment’ of investments under the ECT. Article 13 contains provisions regarding ‘expropriation’ under the ECT. The ECT and Article 13, in particular, do not operate in a vacuum, but as a special system of treaty law within the broader framework of general international law. Consequently, this chapter addresses various general international law questions arising in connection with arbitrations under the ECT, including issues governed by the law of treaties and the law of international responsibility.