Goldberg, Silke; Lisney, Naomi; Eckenroth, Anne --- "TRANSITIONAL ARRANGEMENTS" [2018] ELECD 1565; in Leal-Arcas, Rafael (ed), "Commentary on the Energy Charter Treaty" (Edward Elgar Publishing, 2018) 387

Book Title: Commentary on the Energy Charter Treaty

Editor(s): Leal-Arcas, Rafael

Publisher: Edward Elgar Publishing

ISBN: 9781788117487

Section: ARTICLE 32

Section Title: TRANSITIONAL ARRANGEMENTS

Author(s): Goldberg, Silke; Lisney, Naomi; Eckenroth, Anne

Number of pages: 6

Abstract/Description:

Article 32 of the Energy Charter Treaty ("ECT") entitled certain countries to temporarily suspend full compliance with specific ECT provisions through negotiated transitional arrangements. This chapter describes how the exceptions claimed were modest and often related to areas where a country required technical or financial assistance to reach compliance. The last transitional arrangements were phased out on 1 July 2001. Whilst full compliance means liability to ECT investor protections, it has been shown that these countries will not be held liable to investors for any changes to competition laws made in an effort to comply with the ECT, which were foreseeable at the time of investment.