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Riassunto: Investment Protection and the Energy Charter Treaty, edited by Graham Coop and Clarisse Ribeiro, General Counsel and Legal Counsel, respectively, of the Legal Affairs Unit of the Energy Charter Secretariat in Brussels, Belgium, is authored by the most prominent and leading experts on the Energy Charter Treaty ( ECT or Treaty ). The book, issuing from the Conference on Investment Protection and the Energy Charter Treaty organized by the Energy Charter Secretariat, the Stockholm Chamber of Commerce, and the International Centre for the Settlement of International Disputes in May 2007, provides in-depth analysis of the most pressing issues arising under the ECT. Investment Protection and the Energy Charter Treaty, contains in depth substantive analysis of the interpretation and application of provisions of the Energy Treaty Charter including access to dispute resolution mechanisms under Article 26 of the Treaty and the standards of treatment for investors under the Energy Charter Treaty, including the guarantee of most favoured nation treatment, protection against unfair and inequitable treatment, unreasonable and discriminatory measures, direct and indirect expropriation, breaches of investment agreements, damages due to war and similar events, and unjustified restrictions on the transfer of funds, as well as protection against certain types of tax measures. The book examines issues such as the arbitrability of pre-investment disputes under the Treaty and whether public tender offers can qualify as existing investment rather than pre-investment activity and the applicability of the ECT between members of the European Community. The role of the ECT in the context of the European Union and Russia (examining the legal dimension of the oil and gas relationship between the EU and Russia) and provides a comparison of the Energy Charter Treaty and other investment Treaties (distinguishing the ECT approach to investment protection in the context of disputes submitted to arbitration under its dispute resolution provisions). The purpose of this book is to continue to raise awareness about the Energy Charter Treaty; a keystone of the Treaty is its mechanisms for dispute settlement. Without these mechanisms, the Treaty would be little more than a statement of political intent, easy to endorse, and also relatively easy to ignore.
About the Author: Graham Coop, General Counsel, Energy Charter Secretariat, Brussels Graham Coop joined the Energy Charter Secretariat as General Counsel in 2004. Prior to this, he was Head of the Energy and Natural Resources Group at Freshfields Bruckhaus Deringer, Paris, where he was based from 1992 until 2002, followed by two years as a partner with Denton Wilde Sapte s Energy and Infrastructure Department in London. He was a member of the legal team representing Bahrain in its territorial sovereignty and maritime delimitation dispute with Qatar in the International Court of Justice and received the Order of Bahrain as a result of his work on that dispute. In 1998 and 1999 he was seconded to lead the 5-lawyer International Transport and Supply Contracts Division of the Legal Service of Gaz de France, the French gas utility. He has written and spoken extensively on international legal questions, including legal issues for international energy companies investing in Iraq. He has advised governments and international corporations on disputed sovereignty and maritime delimitation issues throughout the Middle East. His extensive experience in oil, gas, electricity, water, renewable energy and infrastructure covers major projects, joint ventures, supply agreements, transport agreements, competition and regulatory issues, and contentious matters. He is regularly published and cited in the U.K., French and Arabic press and speaks regularly at conferences in the U.K., Continental Europe and Africa. Clarisse Ribeiro, Legal Counsel, Energy Charter Secretariat, Brussels Clarisse Ribeiro joined the Energy Charter Secretariat in 2002 and is Legal Counsel in the Legal Affairs unit. Among her responsibilities, Ms Ribeiro is actively involved in the Legal Advisory Task Force, mandated by the Energy Charter Conference to prepare model agreements for the construction of cross-border pipelines, and is responsible for contacts with the Legal Department of the Portuguese Ministry for Foreign Affairs, the Depository of the Energy Charter Treaty. Prior to joining the Energy Charter Secretariat, Ms Ribeiro worked as an Official for the Secretariat Division of the European Central Bank in Frankfurt am Main.
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