Morelli, Antonio --- "RESERVATIONS" [2018] ELECD 1579; in Leal-Arcas, Rafael (ed), "Commentary on the Energy Charter Treaty" (Edward Elgar Publishing, 2018) 482

Book Title: Commentary on the Energy Charter Treaty

Editor(s): Leal-Arcas, Rafael

Publisher: Edward Elgar Publishing

ISBN: 9781788117487

Section: ARTICLE 46

Section Title: RESERVATIONS

Author(s): Morelli, Antonio

Number of pages: 2

Abstract/Description:

Article 46 of the ECT does not provide space for reservations. This chapter analyses the mechanism of reservations under the lens of the Vienna Convention on the Law of Treaties of 1969, the 1951 advisory opinion of the International Court of Justice and relevant State practice. Through an analysis of relevant jurisprudence before the European Court of Human Rights and the UN Committee on Human Rights, the analysis defines the principle utile per inutile non vitiatur and tests its possible application to the ECT case.