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Study on the "Energy Charter Treaty" Investment Arbitration Clause and the Impact on China Energy Cooperation

Author: ZhouLinFeng
Tutor: JiangXin
School: Xiangtan University
Course: Economic Law
Keywords: Energy Charter Treaty Investment Arbitration ICSID mechanism The principle of national sovereignty National treatment system
CLC: F206
Type: Master's thesis
Year: 2010
Downloads: 104
Quote: 0
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Abstract


Energy is the important topics of common concern to the international community today, especially after World War II, three energy crisis, prompting the world to find ways to solve the energy supply and consumption issues. The Energy Charter Treaty that former Soviet political and economic crisis, threats to the energy supply of the European Economic Community, and other Western European countries when the birth, the purpose is to safeguard the security and stability of international energy cooperation. \legal blueprint for Settlement of Investment Disputes between the investor and the host state. This article select the the investment arbitration clause for study, for China's participation in international energy cooperation, to participate in the negotiations on the rules of the International Energy proposed formulation. The first chapter describes the background of the topic as well as the theoretical and practical significance, Research scholars of the Energy Charter Treaty, the analysis of the defects of the current research, and established its own innovation, at the same time, the chapter also shows the of insufficient and direction. The second chapter first introduces the history and legal framework of the Energy Charter Treaty, the treaty's dispute settlement mechanism is then divided into two categories, one is between States Parties to the dispute settlement mechanism, and the other between investors and States dispute settlement mechanism. This chapter on the various mechanisms of the former a brief description, and the latter's the legal texts depth interpretation. Chapter III of the Energy Charter Treaty of investment arbitration clause with the ICSID mechanism comparative analysis of innovation, summed up the terms: compulsory arbitration rights to replace the case-by-case approval consent at any time arbitration rights superior to the priority of local remedies, international law exclusive application exclusive right to the applicable laws of the host. Chapter-depth investigation of investment arbitration cases under the Energy Charter Treaty, from the subject of the arbitration jurisdiction Subjective and objective and subjective aspects analysis demonstrates that the treaty of investment arbitration clause in practice by a large number of cases, a clear Elements of the investment arbitration jurisdiction. Chapter from two angles of the principle of national sovereignty and national treatment system of investment in the Energy Charter Treaty arbitration clause analysis, pointed out that the theoretical value and practical significance of the terms and conditions, as well as its critical. Chapter VI examines the history of China's treatment of investment arbitration system, and learn from other countries in the face of the attitude of the Energy Charter Treaty, combined with China's current energy cooperation and the legal status quo, our choice and Countermeasures for China to participate in the International Energy support the negotiation and development of cooperation rules.

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CLC: > Economic > Economic planning and management > Management of National Economy > Energy Management
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