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6 Treaty Provisions Concerning Dispute Settlement and Compliance Supervision

From: Treaties on Transit of Energy via Pipelines and Countermeasures

Danae Azaria

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 29 September 2022

ECT (Energy Charter Treaty)

Chapter 6 demonstrates the diversity of dispute settlement provisions, and considers the rules concerning standing to resort to dispute settlement. It assesses whether by agreeing to treaty clauses on dispute settlement or compliance oversight mechanisms treaty parties have contracted out of countermeasures in the form of suspending compliance with obligations in the treaty breached, as well as with international obligations outside the treaty breached in response to breaches of treaty obligations regarding transit of energy. It explains that when treaty provisions on dispute settlement do not exclude countermeasures, the latter may be unlawful when the wrongful conduct has ceased and interim measures are available.

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