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Commentary on the Energy Charter Treaty

Edited by Rafael Leal-Arcas

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.
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ARTICLE 13: EXPROPRIATION

Diego Mejía-Lemos

Extract

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.

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