Investment Protection and The Energy Charter Treaty
| Författare: | Coop Graham , Ribeiro Clarisse |
| Titel: | Investment Protection and The Energy Charter Treaty |
| Anmärkning: | Innehåller CD-Rom. |
| Utgivningsår: | 2008 |
| Omfång: | 341 sid. |
| Förlag: | Juris Publishing |
| ISBN: | 9781933833248 |
| Produkttyp: | Inbunden |
| Typ av verk: | Samlingsverk |
| Ämnesord: | Marknadsrätt , Förmögenhetsrätt , Processrätt |
Pris: 1165 SEK exkl. moms 
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 Investment Protection and the Energy Charter Treaty, edited by Graham Coop and Clarisse Ribeiro, General Counsel and Legal Counsel, respectively, of the Legal Affairs Unit of the Energy Charter Secretariat in Brussels, Belgium, is authored by the most prominent and leading experts on the Energy Charter Treaty (“ECT” or “Treaty”). The book, issuing from the ‘Conference on Investment Protection and the Energy Charter Treaty’ organized by the Energy Charter Secretariat, the Stockholm Chamber of Commerce, and the International Centre for the Settlement of International Disputes in May 2007, provides in-depth analysis of the most pressing issues arising under the ECT.Investment Protection and the Energy Charter Treaty, contains in depth substantive analysis of the interpretation and application of provisions of the Energy Treaty Charter including access to dispute resolution mechanisms under Article 26 of the Treaty and the standards of treatment for investors under the Energy Charter Treaty, including the guarantee of most favored nation treatment, protection against unfair and inequitable treatment, unreasonable and discriminatory measures, direct and indirect expropriation, breaches of investment agreements, damages due to war and similar events, and unjustified restrictions on the transfer of funds, as well as protection against certain types of tax measures. The book examines issues such as the arbitrability of “pre-investment” disputes under the Treaty and whether public tender offers can qualify as “existing” investment rather than “pre-investment” activity and the applicability of the ECT between members of the European Community. The role of the ECT in the context of the European Union and Russia (examining the legal dimension of the oil and gas relationship between the EU and Russia) and provides a comparison of the Energy Charter Treaty and other investment Treaties (distinguishing the ECT approach to investment protection in the context of disputes submitted to arbitration under its dispute resolution provisions). The purpose of this book is to continue to raise awareness about the Energy Charter Treaty; a keystone of the Treaty is its mechanisms for dispute settlement. Without these mechanisms, the Treaty would be little more than a statement of political intent, easy to endorse, and also relatively easy to ignore. Contents: Editors Contributors Introductory Remarks Ana Palacio André Mernier Ulf Franke Introduction Anne Houtman The negotiation of the Energy Charter Treaty Craig S. Bamberger Chapter 1 - Investment dispute resolution and the Energy Charter Treaty Part I – Access to dispute resolution mechanisms under Article 26 of the Energy Charter Treaty Juliet Blanch, Andy Moody and Nicholas Lawn I Introduction II Jurisdictional requirements under Article 26(1) ECT III Alternative venues for dispute resolution (Article 26(2) ECT) IV International arbitration – unconditional consent to arbitrate V International arbitration options VI Key points: a comparison of the arbitration options VII Access to dispute resolution mechanisms under Article 26 ECT: The statistics Part II – Denial of advantages under Article 17(1) Stephen Jagusch and Anthony Sinclair I Introduction II Interpretation of the meaning of “third state” III Interpretation of the meaning of “substantial business activities” IV Decisions on the application of Article 17(1) V Comparative state practice on denial of benefits VI Prior notification? VII Effect of the denial: jurisdiction or admissibility? VIII Conclusion Part III – The provisional application of the Energy Charter Treaty W. Michael Reisman Chapter 2 – Selected standards of treatment available under the Energy Charter Treaty Part I – Fair and equitable treatment (FET): interactions with other standards Christoph H. Schreuer I Introduction II FET and constant protection and security III FET and unreasonable or discriminatory measures IV FET and customary international law V FET and the observance of contracts VI FET and the observance of domestic law VII FET and expropriation VIII Conclusion Part II – The scope of Most Favored Nation treatment under the Energy Charter Treaty Paul D. Friedland I A sampling of treaties on the subject of MFN clauses in relation to dispute resolution II ICSID case law III The ECT’s MFN and dispute resolution clauses Part III – Tax arbitration and investor protection William W. Park I Introduction II The Matryoshka III The nature of tax measures IV The architecture of investment protection V A tale of two cases: Occidental and Encana VI Abusive taxes VII Conclusion: The art of taxation Appendix: Illustrative investment conventions Chapter 3 – Questions and observations: interactive session Part I – The Energy Charter Treaty and corporate acquisition Thomas W. Wälde and Walid Ben Hamida I The arbitrability of “pre-investment” (investment-admission) disputes under the ECT II Can a public tender offer qualify as an existing “Investment” rather than a pre-investment activity? III The applicability of the ECT to the relations between EC member states Part II - How does the so-called “fork-in-the-road” provision in Article 26(3)(b)(i) of the Energy Charter Treaty work? Why did the United States decline to sign the Energy Charter Treaty? Emmanuel Gaillard Chapter 4 – Interplay of the Energy Charter Treaty with other treaties Part I – The role of the Energy Charter Treaty in the context of the European Union and Russia Kaj Hobér I Introduction II The partnership and co-operation agreement III The energy dialogue IV The Energy Charter Treaty V What lies ahead? VI Concluding remarks Part II – The Energy Charter Treaty and U.S. Investment Treaties: An overview of key contrasts Andrea J. Menaker and Heather Van Slooten Walsh I Introduction: II Scope III Investment protection provisions IV Dispute resolution provisions V Conclusion The Energy Charter Treaty: What Lies Ahead? Graham Coop I Change or development of the ECT II New interpretations of the ECT III Application of the ECT IV Conclusion Index Appendix Topics on CD-ROM Include: ECT and Related Instruments SCC Rules ICSID Rules UNCITRAL Arbitration Rules |