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 28: EXCLUSION OF CERTAIN PROVISIONS OF THE ECT FROM THE SETTLEMENT OF DISPUTES BETWEEN CONTRACTING PARTIES

Crina Baltag

Abstract

Article 27 of the Energy Charter Treaty can be employed in relation to disputes concerning the interpretation and application of any of the provisions of the ECT, except for the ones excluded by Article 28 of the ECT: Article 5 on trade-related investment measures and Article 29 referring to interim provisions on trade-related matters, unless otherwise agreed by the Contracting Parties.

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