Alvarez, Gloria --- "TRANSPARENCY" [2018] ELECD 1553; in Leal-Arcas, Rafael (ed), "Commentary on the Energy Charter Treaty" (Edward Elgar Publishing, 2018) 282

Book Title: Commentary on the Energy Charter Treaty

Editor(s): Leal-Arcas, Rafael

Publisher: Edward Elgar Publishing

ISBN: 9781788117487

Section: ARTICLE 20

Section Title: TRANSPARENCY

Author(s): Alvarez, Gloria

Number of pages: 6

Abstract/Description:

The inclusion of the notion of transparency in different forms of international investment agreements aims to promote the inclusion of transparent practices at the host-state national level. The Energy Charter Treaty refers to the notion of transparency only in the context of specific national measures. These measures are legislative, judicial and administrative decisions made by a Contracting Party which could affect foreign trade and investments in the energy sector, and which are protected under the ECT. The ECT Secretariat has further explained and clarified the notion of transparency in the context of the scope of ECT Article 20, where transparency is a vehicle to remove barriers to energy investments and therefore promote a more predictable and stable energy sector at a national level. The objective of this provision is to use transparency as a vehicle to addressed national concealed protectionism and inefficiencies.