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 42: AMENDMENTS

Antonio Morelli

Abstract

Article 42 of the ECT regulates the procedure of amending treaty provisions. The author analyses both formal and substantial aspects, in order to provide a clear framework for ECT interpreters. Moreover, the analysis sheds lights on the 1998 amendment of the ECT, the so-called Trade Amendment. Pictured at the time of the entry into force of the World Trade Organization (WTO), with the Uruguay Round, the ECT Trade Amendment embraced in the treaty regime relevant principles in multilateral trade and, in turn, expanded the scope of the agreement, in order to cover trade in energy-related spheres.

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