Settlement of Investment Disputes under the

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.

Thomas Roe is a barrister at 3 Hare Court, Temple, London, specialising in commercial dispute resolution. He has extensive experience of disputes with inter national 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), a former 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.

Foreword	p. xiii
Preface	p. xv
Table of cases	p. xvii
Introduction: international treaty arbitration and the Energy Charter Treaty	p. 1
Investment treaty arbitration: origins and characteristics	p. 1
The Energy Charter Treaty: origins and negotiating history	p. 7
Main provisions of the Energy Charter Treaty and related instruments	p. 13
Institutional aspects of the Energy Charter Treaty and the Energy Charter process	p. 22
The applicable law	p. 27
Introduction	p. 27
Interpreting the Energy Charter Treaty	p. 27
The role of national law	p. 37
Availability of dispute settlement under Article 26	p. 39
Introduction-jurisdiction and admissibility	p. 39
Jurisdiction	p. 41
Provisional application	p. 67
Article 17 - denial of advantages	p. 77
Misconduct on the part of the Investor	p. 87
European Union law and the Energy Charter Treaty	p. 89
Introduction	p. 89
Investment disputes within the EU	p. 91
Investment disputes between member states and Investors of non-member states	p. 98
Dispute settlement under Article 26 and the European Union	p. 100
Substantive law	p. 104
Introduction	p. 104
The scope of Part III of the ECT: investment promotion versus investment protection	p. 104
Procedure	p. 136
Introduction	p. 136
Amicable settlement	p. 136
No requirement of exhaustion of remedies	p. 138
The claimant's choice between options under Article 26(2)	p. 142
Exceptions to host states' consent	p. 146
Factors determining the claimant's choice of international arbitration forum	p. 152
Powers of a tribunal constituted pursuant to Article 26	p. 161
Contracting Parties' international responsibility for breaches of Part III of the ECT	p. 163
Introduction	p. 163
State responsibility under the ECT	p. 163
International responsibility of international organisations under the ECT	p. 171
Taxation	p. 186
Introduction	p. 186
Taxation and most- favoured nation and national treatment (Article 10(2) and (7))	p. 188
Taxation and the prohibition on expropriation (Article 13)	p. 190
Transfers related to investments	p. 194
Selected provisions of the Energy Charter Treaty	p. 195
Signatories to the Energy Charter Treaty	p. 225
Bibliography	p. 226
Index	p. 234
Table of Contents provided by Ingram. All Rights Reserved.

What is included with this book?

The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.

FREE SHIPPING

Amazon no longer offers textbook rentals. We do!

Settlement of Investment Disputes under the Energy Charter Treaty

Summary

Author Biography

Table of Contents

Supplemental Materials