The Energy Charter Treaty (ECT) is a multilateral treaty in the energy sector,
entered into force in April 1998, which gained worldwide recognition mainly
because of its provisions on the promotion and protection of investments. The
ECT currently has over 45 contracting parties. Its popularity increased
significantly in the last few years following the proliferation of disputes
submitted to arbitration under Article 26 of the ECT, while investors became
more familiarized with the rights granted by the ECT in respect of their
investments. At present, more than 20 disputes between investors and
contracting parties have been submitted to arbitration. The requirements of
‘investor’ and ‘investment’ are essential for the benefit of the protection
offered by the ECT. The book suggests a comprehensive approach to the notion
of ‘investor’. It analyzes the notion of ‘investor’ in an inclusive manner,
starting with the concept of Contracting Party to the ECT and its implications
in respect of the notion of ‘investor’, going through nationality, permanent
residency, dual nationality, companies and other legal entities and
shareholders, to the notion of ‘investment’ and its role in defining the
concept of ‘investor’ under the ECT.
The aim of the book is to shed light on the proper meaning of the notion of
‘investor’ under the ECT, considering the close relationship between the ECT
and other treaties such as the ICSID Convention and arbitration rules.
List of Abbreviations.
Chapter 1 Energy Resources and the Energy Charter Treaty.
Chapter 2 Investor and Contracting Parties to the Energy Charter
Chapter 3 Natural Persons and Legal Entities as Investors Under the
Energy Charter Treaty.
Chapter 4 Investor and the Notion of Investment Under the Energy
Charter Treaty .
Chapter 5 Conclusions.
Table of Cases.
Table of Treaties and Legislation.
Table of Bilateral Investment Treaties.