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 45: PROVISIONAL APPLICATION

Antonio Morelli

Abstract

Article 45 of the ECT provides a discipline on provisional application. This is a relative recent development in international law, tailored to overcome traditional political impasse in the practice of concluding international agreements. This chapter focuses on the evolution of such a mechanism, including considerations on the current debate before the UN International Law Commission, where a Draft Report on Provisional Application of Treaties is under discussion. Moreover, with regard to the ECT, it shed lights on the Russian case, as the Federation’s termination of its provisional application opened the ground for investors’ protection issues.

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