Commentary on the Energy Charter Treaty
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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 7: TRANSIT

Cătălin Gabriel Stănescu

Abstract

The chapter comments on the provisions of Article 7 regarding the rules and principles applicable to the transit of Energy Materials and Products, the inter-state cooperation regarding Energy Transport Facilities and other transit matters, and elaborates on the conciliation mechanism provided by the ECT in case of transit disputes. To this end, it starts with the definition of transit, and discusses the applicability of the principle of non-discrimination, inspired by the provisions and case law under GATT. Attention is also given to cooperation among contracting parties and to the situations regarding refusal of transit or the disputes arising thereof. The final part addresses the conciliation procedure made available by the ECT with respect to transit disputes and touches upon the role of the Secretary General.

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