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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Max Baumgart


The Energy Charter Treaty is part of a complex system governing international trade. Resolving its relation to the WTO Agreement needs a specific regulation that resulted in Article 29 ECT. Article 29 ECT incorporates essential rights and obligations from the WTO Agreement into the Energy Charter Treaty where any Contracting Party is not a member of the WTO. Thus, it ensures that every Contracting Party of the ECT is treated equally in matters relating to Trade in Energy Materials and Products as well as Energy-Related Equipment. The provision includes paragraphs on the introduction of the WTO Agreement’s rights and obligations, on a full transparency obligation, on a best-endeavour commitment, on a stand-still clause and on a specific dispute settlement system.

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