Article 10: Promotion, protection and treatment of investments

This chapter provides a commentary of Article 10 of the Energy Charter Treaty (ECT). The commentary places emphasis on the ways in which Article 10 has been interpreted and applied by various arbitral tribunals constituted pursuant to the ECT. This chapter is based on a comprehensive survey of decis...

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Hlavní autor: Mejía-Lemos, Diego
Médium: Online
Jazyk:angličtina
Vydáno: Edward Elgar Publishing 2023
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On-line přístup:https://directory.doabooks.org/handle/20.500.12854/132199
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author Mejía-Lemos, Diego
author_browse Mejía-Lemos, Diego
author_facet Mejía-Lemos, Diego
author_sort Mejía-Lemos, Diego
collection Directory of Open Access Books
description This chapter provides a commentary of Article 10 of the Energy Charter Treaty (ECT). The commentary places emphasis on the ways in which Article 10 has been interpreted and applied by various arbitral tribunals constituted pursuant to the ECT. This chapter is based on a comprehensive survey of decisions of those ECT arbitral tribunals and the existing literature on Part III and Article 10. Article 10 belongs to Part III. Part III sets out obligations regarding ‘promotion, protection and treatment’ of investments under the ECT. Article 10 is a complex provision, which comprises Article 10(1) and 10(2)–10(12), and sets out the standards of investment protection under the ECT. Article 10(1), in particular, is divided into ‘five sentences’. The ECT and Article 10, in particular, do not operate in a vacuum, but as a special system of treaty law within the broader framework of general international law. Consequently, this chapter addresses various general international law questions arising in connection with arbitrations under the ECT, including issues governed by the law of treaties and the law of international responsibility.
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spelling doab-20.500.12854ir-1321992023-12-22T13:34:29Z Article 10: Promotion, protection and treatment of investments Mejía-Lemos, Diego International investment law; Investor-state arbitration; International courts and tribunals; Standards of treatment; Law of treaties; State responsibility LNCR This chapter provides a commentary of Article 10 of the Energy Charter Treaty (ECT). The commentary places emphasis on the ways in which Article 10 has been interpreted and applied by various arbitral tribunals constituted pursuant to the ECT. This chapter is based on a comprehensive survey of decisions of those ECT arbitral tribunals and the existing literature on Part III and Article 10. Article 10 belongs to Part III. Part III sets out obligations regarding ‘promotion, protection and treatment’ of investments under the ECT. Article 10 is a complex provision, which comprises Article 10(1) and 10(2)–10(12), and sets out the standards of investment protection under the ECT. Article 10(1), in particular, is divided into ‘five sentences’. The ECT and Article 10, in particular, do not operate in a vacuum, but as a special system of treaty law within the broader framework of general international law. Consequently, this chapter addresses various general international law questions arising in connection with arbitrations under the ECT, including issues governed by the law of treaties and the law of international responsibility. Published 2023-12-22T13:34:25Z 2023-12-22T13:34:25Z 2023-12-05 chapter 9781035316281 https://directory.doabooks.org/handle/20.500.12854/132199 eng image/jpeg Attribution-NonCommercial-NoDerivatives 4.0 International https://www.e-elgar.com/shop/gbp/commentary-on-the-energy-charter-treaty-9781035316274.html https://www.elgaronline.com/edcollchap-oa/book/9781035316281/chapter10.xml Edward Elgar Publishing Edward Elgar Publishing 10.4337/9781035316281.00024 10.4337/9781035316281.00024 01ceac28-75b4-492a-8eec-f9b98bc6b28c https://creativecommons.org/licenses/by-nc-nd/4.0/ 9781035316281 Edward Elgar Publishing Cheltenham, UK open access
spellingShingle International investment law; Investor-state arbitration; International courts and tribunals; Standards of treatment; Law of treaties; State responsibility
LNCR
Mejía-Lemos, Diego
Article 10: Promotion, protection and treatment of investments
title Article 10: Promotion, protection and treatment of investments
title_full Article 10: Promotion, protection and treatment of investments
title_fullStr Article 10: Promotion, protection and treatment of investments
title_full_unstemmed Article 10: Promotion, protection and treatment of investments
title_short Article 10: Promotion, protection and treatment of investments
title_sort article 10 promotion protection and treatment of investments
topic International investment law; Investor-state arbitration; International courts and tribunals; Standards of treatment; Law of treaties; State responsibility
LNCR
topic_facet International investment law; Investor-state arbitration; International courts and tribunals; Standards of treatment; Law of treaties; State responsibility
LNCR
url https://directory.doabooks.org/handle/20.500.12854/132199
work_keys_str_mv AT mejialemosdiego article10promotionprotectionandtreatmentofinvestments