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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Odysseas G. Repousis


Article 39 of the Energy Charter Treaty (along with Arts 41 and 44) sets out the rules for the Energy Charter Treaty’s regular entry into force, which may be done through ratification, acceptance or approval. Article 39 should be read together with Article 49, which designates the Government of the Portuguese Republic as the Energy Charter Treaty’s depositary. That depositary receives all instruments of ratification, acceptance or approval, territorial declarations under Article 40, notices on provisional application under Article 45 and any notices of withdrawal in accordance with Article 47.

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