Umbrella Clauses Within Energy Charter Treaty

4 Baku St. U. L.Rev. 79 (2018)
Article language: English.


Since the late 1950s, international investment law has experienced a new term so-called ‘umbrella clauses’ aimed for the protection of the observance of obligations agreed between foreign investors and host states. However, since the beginning of the new milennium, the umbrella clauses have faced a bunch of criticism, being condemned on eradicating the difference between contracts and public international law. Wordings in international energy investment agreements, including Energy Charter Treaty have caused the question that whether these clauses cover all obligations or specific commitments to investors. In this article, the notion of umbrella clauses has been discussed and Article 10(1) of the Energy Charter Treaty has been explained by references to the case law of international arbitration courts.

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