Settlement of Investment Disputes under the Energy Charter Treaty
The Energy Charter Treaty has come of age, with almost 50 States parties and a small but growing body of arbitral case law. In this new study of the Treaty's investment protection provisions, Thomas Roe and Matthew Happold set out to identify and explain the Treaty's principal provisions and to suggest answers to some of the difficult problems thrown up by its drafting. They discuss in detail questions such as the standards of protection granted by the Treaty and the international responsibility of States for breaches of the Treaty, the various procedures available for the vindication of rights under the Treaty and the conditions to be satisfied before a claimant's complaint may be considered on the merits. Specific issues addressed include the impact of EU law on claims under the Treaty and the Treaty's provisions concerning taxation.
- Electronic book text | 272 pages
- 16 May 2011
- CAMBRIDGE UNIVERSITY PRESS
- Cambridge University Press (Virtual Publishing)
- Cambridge, United Kingdom
Table of contents
1. Introduction: international treaty arbitration and the Energy Charter Treaty; 2. The applicable law; 3. Availability of dispute settlement under Article 26; 4. European Union law and the Energy Charter Treaty; 5. Substantive law; 6. Procedure; 7. Contracting parties' international responsibility for breaches of Part III of the ECT; 8. Taxation; Appendix A: relevant provisions of the Energy Charter Treaty; Appendix B: signatories and parties to the Energy Charter Treaty.
'... a well articulated and thorough analysis of the ECT investment regime.' The Cambridge Law Journal
About Thomas Roe
Thomas Roe is a barrister at 3 Hare Court, Temple, London, specialising in commercial dispute resolution. He has extensive experience of disputes with international elements and concerning the rights and obligations of the State. He is a Member of the Chartered Institute of Arbitrators. Matthew Happold is Professor of Public International Law at the University of Luxembourg. He is also a member of chambers at 3 Hare Court, Temple, London. He has published extensively on a wide range of international law subjects. James Dingemans QC is Head of Chambers at 3 Hare Court, Temple, London. He is a recorder and Deputy High Court Judge (England and Wales), Chairman of the International Relations Committee of the Bar Council of England and Wales, a Member of the Council of the Commonwealth Lawyers' Association and a Fellow of the Chartered Institute of Arbitrators.