sharing in governance of extractive industries

TDM Call for papers: Special Issue on the Modernisation of the Energy Charter Treaty (ECT)

Freya Baetens, Ilija Mitrev Penusliski, Martins Paparinskis, and John Gaffney invite you to contribute to a Transnational Dispute Management (TDM, ISSN 1875-4120, www.transnational-dispute-management.com) Special Issue on the "Modernisation of the Energy Charter Treaty (ECT)."

The ECT provides a multilateral framework for energy cooperation that is unique under international law. It is a binding multilateral agreement designed to promote energy security through the operation of more open and competitive energy markets, while respecting the principles of sustainable development and sovereignty over energy resources. The ECT's core areas of cooperation are investment, trade, transit, energy efficiency and dispute resolution.

The ECT was signed in December 1994 and entered into force in April 1998. Currently there are fifty-three Signatories and Contracting Parties to the Treaty. This includes both the European Union and Euratom.

Under the auspices of the Energy Charter Conference, the Parties to the ECT meet regularly to consider both the implementation and the improvement of the ECT. Since 2015, and in line with global trends in the fields of investment and trade, the ECT members have been focusing on the 'modernisation' of the ECT.

The first phase of modernisation of the Energy Charter Process was finalised successfully in 2015 with the adoption of the International Energy Charter (which updated the initial political declaration signed in 1991). Today, 87 countries and international organisations have signed it.

The next step in the modernisation process is to consider the potential need and/or usefulness of updating, clarifying or modernising the ECT. In January 2017, several experts from the industry, governments, legal circles and academics (in addition to officials from UNCITRAL and UNCTAD) discussed the investment protection standards under the ECT, concluding that some particular issues could benefit from additional clarification. Later in the year, contracting Parties and Signatories also analysed and considered current investment policy tendencies incorporated in international investment agreements.

At its 28th Meeting held on 28-29 November 2017, the Energy Charter Conference approved the timeline for the discussion on modernisation during 2018 (energycharter.org/who-we-are/subsidiary-bodies/strategy-group/subgroup-on-modernisation/) and agreed on a set of topics to be reviewed as part of its discussion, the details of which are set forth in the Annex to this call for papers.

The co-editors invite you to contribute to the special edition on the modernization of the ECT with unpublished articles, conference papers, research papers and case studies dealing with the ECT and the issues raised by any of its chapters. Of particular interest are contributions in the following areas:

  • The protection of foreign investments;
  • International trade in energy materials, products and energy-related equipment;
  • Energy transportation or transmission rights and obligations, and related dispute resolution mechanisms;
  • The resolution of disputes between participating states, and - in the case of investments - between investors and host states

Paper proposals (which should not exceed two pages) should be submitted directly to ect@transnational-dispute-management.com 

The call for papers incl. Annex can also be found on the TDM website https://www.transnational-dispute-management.com/news.asp?key=1713

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