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.
General
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