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 46: RESERVATIONS

Antonio Morelli

Abstract

Article 46 of the ECT does not provide space for reservations. This chapter analyses the mechanism of reservations under the lens of the Vienna Convention on the Law of Treaties of 1969, the 1951 advisory opinion of the International Court of Justice and relevant State practice. Through an analysis of relevant jurisprudence before the European Court of Human Rights and the UN Committee on Human Rights, the analysis defines the principle utile per inutile non vitiatur and tests its possible application to the ECT case.

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