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COMMENTARY ON THE ENERGY CHARTER TREATY

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 5: TRADE-RELATED INVESTMENT MEASURES

Pierre Serra

Extract

The present chapter details the ad hoc regime for trade-related investment measures of the Energy Charter Regime. The Energy Charter entails a bespoke trade regime which is inspired from the WTO architecture. However, it precludes some WTO treaties from its regime pursuant to Annex W to the Charter. Among those excluded agreements is the Agreement on TRIMs. Yet, the article 5 of the ECT transposes the content of this agreement in the main body of the Charter. This transposition is however not perfectly symmetrical. It therefore raises some issues about the clarity of obligations and exceptions available to the parties to the Charter. This question is all the more crucial that both WTO parties and non-WTO parties are subject to this article.

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