Mejía-Lemos, Diego --- "EXPROPRIATION" [2018] ELECD 1546; in Leal-Arcas, Rafael (ed), "Commentary on the Energy Charter Treaty" (Edward Elgar Publishing, 2018) 211

Book Title: Commentary on the Energy Charter Treaty

Editor(s): Leal-Arcas, Rafael

Publisher: Edward Elgar Publishing

ISBN: 9781788117487

Section: ARTICLE 13

Section Title: EXPROPRIATION

Author(s): Mejía-Lemos, Diego

Number of pages: 22

Abstract/Description:

This chapter provides a systematic commentary of Article 13 of the Energy Charter Treaty (ECT). The commentary places emphasis on the manner in which Article 13 has been interpreted and applied by arbitral tribunals constituted pursuant to the ECT. Article 13 belongs to Part III. Part III sets out obligations regarding ‘promotion, protection and treatment’ of investments under the ECT. Article 13 contains provisions regarding ‘expropriation’ under the ECT. The ECT and Article 13, 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.