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How Cool is Cool Enough?: Interpreting the 'Cooling Off Period' in Article 26 of the ECT
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
2018 (English)Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesis
Abstract [en]

This thesis interprets the ‘cooling off period’ in Article 26 of the Energy Charter Treaty. Under certain conditions, Article 26 allows an investor to submit a dispute for resolution if the dispute cannot be solved within three months. The purpose of this thesis is to examine whether the cooling off period is binding upon an investor who wants to submit a dispute for resolution. As the cooling off period contains different elements, those elements are examined separately. First, does an investor have to request an amicable settlement to be allowed to submit a dispute for resolution? Second, is the meaning of the provision that only disputes that cannot be solved may be submitted? Third, does an investor have to wait three months before submitting a dispute? The elements of the rules on interpretation in the Vienna Convention on the Law of Treaties are applied separately for the sake of clarity and transparency, starting with the ordinary meaning, followed by the context, and finally the object and purpose. The conclusion drawn is that an investor, in order to be allowed to submit a dispute for resolution, must first request an amicable settlement, can only submit disputes that cannot be solved and is obliged to wait for three months before submitting a dispute.

Place, publisher, year, edition, pages
2018. , p. 55
Keywords [en]
Cooling Off Period, Energy Charter Treaty, Treaty Interpretation, Effet Utile, International Arbitration
National Category
Law
Identifiers
URN: urn:nbn:se:uu:diva-356431OAI: oai:DiVA.org:uu-356431DiVA, id: diva2:1235746
Educational program
Law Programme
Supervisors
Examiners
Available from: 2018-08-20 Created: 2018-07-27 Last updated: 2018-08-20Bibliographically approved

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