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 47: WITHDRAWAL

Antonio Morelli

Abstract

Article 47 of the ECT regulates withdrawal provisions. In the light of the principle pacta sunt servanda, vis-à-vis the rebus sic stantibus clause, this chapter sparks a debate on the integrity of international treaties. Through an analysis of the most recent developments in international law, including the Italian withdrawal from the ECT, the author demonstrates how withdrawal from international treaties has been hugely reshaping frontiers and balances in the international arena.

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