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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| Médium: | Online |
| Jazyk: | angličtina |
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Edward Elgar Publishing
2023
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| On-line přístup: | https://directory.doabooks.org/handle/20.500.12854/132199 |
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| _version_ | 1869518720717553664 |
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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. |
| format | Online |
| id | doab-20.500.12854ir-132199 |
| institution | Directory of Open Access Books |
| language | eng |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | Edward Elgar Publishing |
| publisherStr | Edward Elgar Publishing |
| record_format | ojs |
| 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 |