The Energy Charter Treaty

The Energy Charter Treaty, initiated by the 1991 European Energy Charter and completed in December 1994, is an innovative major multilateral investment and trade treaty. This book contains an introduction by Ruud Lubbers who, as the Dutch Prime Minister, played a key role in initiating the Energy Charter negotiations. It brings together contributions on the energy/investment background, the geopolitical context, the Energy Charter negotiations and relevant specific topics of the Treaty (focusing on investment and trade, but also the environment, competition and transit) by key specialists on the subject from countries such as the US (which in the end decided not to join the Treaty), Russia and Kazakhstan. It also includes chapters from energy and investment specialists, international investment and commercial lawyers and arbitrators. The contributors include noted international energy/economic law authorities, as well as key participants and observers of the Treaty negotiations. This book is intended to provide the first authoritative analysis of the background, negotiations and content of the Energy Charter Treaty and give support and guidance for subsequent negotiations. It outlines the difficult challenges involved in interpretation and application of the Treaty, and will be an essential tool for anybody working with the Energy Charter Treaty.

The appendices to this book contain the major documents of the Treaty: The 1991 European Energy Charter, the 1994 Treaty and its relevant Protocols, Annexes, Understandings and Final Act Declarations.