Home | Databases | WorldLII | Search | Feedback Edited Legal Collections Data

Huarte Melgar, Beatriz --- "ACCESS TO CAPITAL" [2018] ELECD 1542; in Leal-Arcas, Rafael (ed), "Commentary on the Energy Charter Treaty" (Edward Elgar Publishing, 2018) 132

Book Title: Commentary on the Energy Charter Treaty

Editor(s): Leal-Arcas, Rafael

Publisher: Edward Elgar Publishing

ISBN: 9781788117487

Section: ARTICLE 9

Section Title: ACCESS TO CAPITAL

Author(s): Huarte Melgar, Beatriz

Number of pages: 17

Abstract/Description:

Access to capital (ECT Art 9) is, like ECT Article 8, a significant instrument for international energy cooperation as well as energy trade and investments. This legal provision is fundamental to finance trade in energy materials and products and, therefore, to promote the investments of foreign enterprises and their operations. However, the drafting of this precept has been carried out so as to find a compromise among the ECT Contracting Parties; accordingly, it can be considered as a ‘best efforts’ clause. In this regard, this chapter makes a commentary on ECT Article 9 to understand its raison d’être and relevance for the access to capital markets in the energy sector.