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 14: TRANSFERS RELATED TO INVESTMENTS

Francesco Montanaro

Abstract

Article 14 of the Energy Charter Treaty incorporates a free transfer clause, a provision commonly included in international investment agreements. This short commentary looks into the economic rationale of this clause, compares the wording of Article 14 with those generally adopted in current treaty practice, and examines the arbitral case law on this matter.

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