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Serra, Pierre --- "TRADE-RELATED INVESTMENT MEASURES" [2018] ELECD 1538; in Leal-Arcas, Rafael (ed), "Commentary on the Energy Charter Treaty" (Edward Elgar Publishing, 2018) 70

Book Title: Commentary on the Energy Charter Treaty

Editor(s): Leal-Arcas, Rafael

Publisher: Edward Elgar Publishing

ISBN: 9781788117487

Section: ARTICLE 5

Section Title: TRADE-RELATED INVESTMENT MEASURES

Author(s): Serra, Pierre

Number of pages: 17

Abstract/Description:

The present chapter details the ad hoc regime for trade-related investment measures of the Energy Charter Regime. The Energy Charter entails a bespoke trade regime which is inspired from the WTO architecture. However, it precludes some WTO treaties from its regime pursuant to Annex W to the Charter. Among those excluded agreements is the Agreement on TRIMs. Yet, the article 5 of the ECT transposes the content of this agreement in the main body of the Charter. This transposition is however not perfectly symmetrical. It therefore raises some issues about the clarity of obligations and exceptions available to the parties to the Charter. This question is all the more crucial that both WTO parties and non-WTO parties are subject to this article.