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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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Pierre Serra


This chapter provides a fine-grained analysis of the ECT Article 3 dedicated to ‘International Markets’. It details the dual obligation embodied by the wording of the provision: openness and competitiveness. Pursuant to this article, parties to the Charter must promote market openness as well as competition. The scope of these obligations is circumscribed to the energy sector as defined by the pertaining annexes to the Charter. Those annexes define the exact products and equipment that must be subject to alleviated trade and non-trade barriers and competition. This provision and the present commentary must be read in parallel to the Annex W.

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