Book contents
- Frontmatter
- Contents
- Foreword – James Crawford
- Preface
- Table of investment cases
- Table of cases of international courts and tribunals
- Table of cases of municipal courts
- Table of appendices
- List of abbreviations
- 1 The juridical foundations of investment treaty arbitration
- 2 Applicable laws
- 3 Taxonomy of preliminary issues relating to jurisdiction and admissibility in investment treaty arbitration
- 4 Consent to the arbitration of investment disputes
- 5 Investment
- 6 Jurisdiction ratione materiae
- 7 Jurisdiction ratione personae
- 8 Jurisdiction ratione temporis
- 9 The obligation to accord most-favoured-nation treatment and the jurisdiction of an investment treaty tribunal
- 10 Admissibility: Contractual choice of forum
- 11 Admissibility: Shareholder claims
- 12 Admissibility: Dispositions relating to the legal and beneficial ownership of the investment
- 13 Admissibility: Denial of Benefits
- Appendices
- 1 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965) – ICSID (excerpts)
- 2 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958)
- 3 North American Free Trade Agreement (1992) – NAFTA (excerpts)
- 4 Energy Charter Treaty (1994) (excerpts)
- 5 China Model BIT (1997)
- 6 France Model BIT (2006)
- 7 Germany Model BIT (2005)
- 8 Netherlands Model BIT (1997)
- 9 Turkey Model BIT (2000)
- 10 United Kingdom Model BIT (2005, with 2006 amendments)
- 11 United States of America Model BIT (2004)
- Index
4 - Energy Charter Treaty (1994) (excerpts)
Published online by Cambridge University Press: 13 January 2010
- Frontmatter
- Contents
- Foreword – James Crawford
- Preface
- Table of investment cases
- Table of cases of international courts and tribunals
- Table of cases of municipal courts
- Table of appendices
- List of abbreviations
- 1 The juridical foundations of investment treaty arbitration
- 2 Applicable laws
- 3 Taxonomy of preliminary issues relating to jurisdiction and admissibility in investment treaty arbitration
- 4 Consent to the arbitration of investment disputes
- 5 Investment
- 6 Jurisdiction ratione materiae
- 7 Jurisdiction ratione personae
- 8 Jurisdiction ratione temporis
- 9 The obligation to accord most-favoured-nation treatment and the jurisdiction of an investment treaty tribunal
- 10 Admissibility: Contractual choice of forum
- 11 Admissibility: Shareholder claims
- 12 Admissibility: Dispositions relating to the legal and beneficial ownership of the investment
- 13 Admissibility: Denial of Benefits
- Appendices
- 1 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965) – ICSID (excerpts)
- 2 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958)
- 3 North American Free Trade Agreement (1992) – NAFTA (excerpts)
- 4 Energy Charter Treaty (1994) (excerpts)
- 5 China Model BIT (1997)
- 6 France Model BIT (2006)
- 7 Germany Model BIT (2005)
- 8 Netherlands Model BIT (1997)
- 9 Turkey Model BIT (2000)
- 10 United Kingdom Model BIT (2005, with 2006 amendments)
- 11 United States of America Model BIT (2004)
- Index
Summary
Preamble
The Contracting Parties to this Treaty,
Having regard to the Charter of Paris for a New Europe signed on 21 November 1990;
Having regard to the European Energy Charter adopted in the Concluding Document of the Hague Conference on the European Energy Charter signed at The Hague on 17 December 1991;
Recalling that all signatories to the Concluding Document of the Hague Conference undertook to pursue the objectives and principles of the European Energy Charter and implement and broaden their cooperation as soon as possible by negotiating in good faith an Energy Charter Treaty and Protocols, and desiring to place the commitments contained in that Charter on a secure and binding international legal basis;
Desiring also to establish the structural framework required to implement the principles enunciated in the European Energy Charter;
Wishing to implement the basic concept of the European Energy Charter initiative which is to catalyse economic growth by means of measures to liberalize investment and trade in energy;
Affirming that Contracting Parties attach the utmost importance to the effective implementation of full national treatment and most favoured nation treatment, and that these commitments will be applied to the Making of Investments pursuant to a supplementary treaty;
Having regard to the objective of progressive liberalization of international trade and to the principle of avoidance of discrimination in international trade as enunciated in the General Agreement on Tariffs and Trade and its Related Instruments and as otherwise provided for in this Treaty;
Determined progressively to remove technical, administrative
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- Chapter
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- The International Law of Investment Claims , pp. 509 - 524Publisher: Cambridge University PressPrint publication year: 2009
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