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 38: SIGNATURE

Odysseas G. Repousis

Abstract

Article 38 of the Energy Charter Treaty deals with signature. The ECT could be signed and acceded to only by States and Regional Economic Integration Organizations which had signed the Energy Charter on 17 December 1991; and was actually open for signature only to these States and REIOs for a prescribed interval of time (17 December 1994 to 16 June 1995), after which, new States or REIOs have to accede to the Energy Charter Treaty in accordance with Article 41. That said, Article 38 continues to apply to successor States, that is States that succeeded a prior signatory to the Energy Charter Treaty.

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