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 33: ENERGY CHARTER PROTOCOLS AND DECLARATIONS

Silke Goldberg, Naomi Lisney and Anne Eckenroth

Abstract

Article 33 enables the European Energy Charter Conference (the "Charter") to authorise the negotiation of Protocols and Declarations to further its objectives. Energy efficiency, investment, trade, and transit were identified as the four central pillars of the Charter's legal instruments. This chapter discusses the adoption of the Energy Charter Protocol on Energy Efficiency and Related Environmental Aspects, which relates to the Charter's first pillar. This chapter also demonstrates why, following dispute between the EU and Russia over transit tariffs, rights for existing transit shippers and the Regional Economic Integration Organisation clause, a Protocol on energy transit now appears unlikely.

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