Jun 01, 2011
Partner Yas Banifatemi (Paris-International Arbitration) has published an article “Provisional Application of the Energy Charter Treaty: The Negotiating History of Article 45”, in Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty, at 191 (G. Coop ed., Juris, June 1, 2011). The following is an excerpt.
"The strong legal framework provided by Article 45 shows how, in the context of the negotiation of a multilateral treaty, the consensus on the necessity of attaining a common goal may bring about a text reflecting all various views and positions while reaching the optimal result based on the highest common denominator. The ECT, including its Article 45, has achieved this rare occurrence in the multilateral framework."