By Loukas Mistelis and Crina Mihaela Baltag, 113 Penn St. L. Rev. 1301.
The Energy Charter Treaty (the “ECT” or the “Treaty”) is a distinctive multilateral treaty confined to the energy sector. The ECT was negotiated in a relatively short period of time – given the importance and scope of the Treaty, less than three years – and contains, besides the provisions on trade and transit in the energy sector, modern provisions regarding protection of investments and dispute resolution settlement. Part III of the ECT, on the investment promotion and protection, recalls the substantive protection offered by modern bilateral and multilateral investment/trade agreements. This article examines the so-called “denial of benefits” clause under Article 17 of the ECT . . . [keep reading]