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1994: The Energy Charter Treaty

Related Lineage is:
Provisions coded as containing the code: FINAD
  Provision  First Coders Codes  Second Coders Codes 
Art.27  Article 27  DISP SBS SBF FINAD  DISP SBS 
Art.27.1  1) Contracting Parties shall endeavour to settle disputes concerning the application or interpretation of this Treaty through diplomatic channels.     
Art.27.2  2) If a dispute has not been settled in accordance with paragraph 1) within a reasonable period of time, either party thereto may, except as otherwise provided in this Treaty or agreed in writing by the Contracting Parties, and except as concerns the application or interpretation of Article 6 or Article 19 or, for Contracting Parties listed in Annex IA, the last sentence of Article 101), upon written notice to the other party to the dispute submit the matter to an ad hoc tribunal under this Article.  ATTACH  ATTACH 
Art.27.3  3) Such an ad hoc arbitral tribunal shall be constituted as follows:     
Art.27.3.a  a) The Contracting Party instituting the proceedings shall appoint one member of the tribunal and inform the other Contracting Party to the dispute of its appointment within 30 days of receipt of the notice referred to in paragraph 2) by the other Contracting Party;     
Art.27.3.b  b) Within 60 days of the receipt of the written notice referred to in paragraph 2), the other Contracting Party party to the dispute shall appoint one member. If the appointment is not made within the time limit prescribed, the Contracting Party having instituted the proceedings may, within 90 days of the receipt of the written notice referred to in paragraph 2), request that the appointment be made in accordance with subparagraph d);     
Art.27.3.c  c) A third member, who may not be a national or citizen of a Contracting Party party to the dispute, shall be appointed by the Contracting Parties parties to the dispute. That member shall be the President of the tribunal. If, within 150 days of the receipt of the notice referred to in paragraph 2), the Contracting Parties are unable to agree on the appointment of a third member, that appointment shall be made, in accordance with subparagraph d), at the request of either Contracting Party submitted within 180 days of the receipt of that notice;     
Art.27.3.d  d) Appointments requested to be made in accordance with this paragraph shall be made by the Secretary-General of the Permanent Court of International Arbitration within 30 days of the receipt of a request to do so. If the Secretary-General is prevented from discharging this task, the appointments shall be made by the First Secretary of the Bureau. If the latter, in turn, is prevented from discharging this task, the appointments shall be made by the most senior Deputy;  RELA  RELA 
Art.27.3.e  e) Appointments made in accordance with subparagraphs a) to d) shall be made with regard to the qualifications and experience, particularly in matters covered by this Treaty, of the members to be appointed;     
Art.27.3.f  f) In the absence of an agreement to the contrary between the Contracting Parties, the Arbitration Rules of UNCITRAL shall govern, except to the extent modified by the Contracting Parties parties to the dispute or by the arbitrators. The tribunal shall take its decisions by a majority vote of its members;  RELA  RELA 
Art.27.3.g  g) The tribunal shall decide the dispute in accordance with this Treaty and applicable rules and principles of international law;     
Art.27.3.h  h) The arbitral award shall be final and binding upon the Contracting Parties parties to the dispute;     
Art.27.3.i  i) Where, in making an award, a tribunal finds that a measure of a regional or local government or authority within the Area of a Contracting Party listed in Part I of Annex P is not in conformity with this Treaty, either party to the dispute may invoke the provisions of Part II of Annex P;  ATTACH  ATTACH 
Art.27.3.j  j) The expenses of the tribunal, including the remuneration of its members, shall be borne in equal shares by the Contracting Parties parties to the dispute. The tribunal may, however, at its discretion direct that a higher proportion of the costs be paid by one of the Contracting Parties parties to the dispute;     
Art.27.3.k  k) Unless the Contracting Parties parties to the dispute agree otherwise, the tribunal shall sit in The Hague, and use the premises and facilities of the Permanent Court of Arbitration;  RELA  RELA 
Art.27.3.l  l) A copy of the award shall be deposited with the Secretariat which shall make it generally available.     
Art.34  Article 34  HOBS HOBF FINAD SECS SBS REVW AMND  HOBS HOBF REVW FINAD AMND SBS 
Art.34.1  1) The Contracting Parties shall meet periodically in the Energy Charter Conference referred to herein as the "Charter Conference") at which each Contracting Party shall be entitled to have one representative. Ordinary meetings shall be held at intervals determined by the Charter Conference.     
Art.34.2  2) Extraordinary meetings of the Charter Conference may be held at such times as may be determined by the Charter Conference, or at the written request of any Contracting Party, provided that, within six weeks of the request being communicated to the Contracting Parties by the Secretariat, it is supported by at least one-third of the Contracting Parties.     
Art.34.3  3) The functions of the Charter Conference shall be to:     
Art.34.3.a  a) carry out the duties assigned to it by this Treaty and any Protocols;    ATTACH 
Art.34.3.b  b) keep under review and facilitate the implementation of the principles of the Charter and of the provisions of this Treaty and the Protocols;    ATTACH 
Art.34.3.c  c) facilitate in accordance with this Treaty and the Protocols the coordination of appropriate general measures to carry out the principles of the Charter;    ATTACH 
Art.34.3.d  d) consider and adopt programmes of work to be carried out by the Secretariat;     
Art.34.3.e  e) consider and approve the annual accounts and budget of the Secretariat;     
Art.34.3.f  f) consider and approve or adopt the terms of any headquarters or other agreement, including privileges and immunities considered necessary for the Charter Conference and the Secretariat;     
Art.34.3.g  g) encourage cooperative efforts aimed at facilitating and promoting market-oriented reforms and modernization of energy sectors in those countries of Central and Eastern Europe and the former Union of Soviet Socialist Republics undergoing economic transition;     
Art.34.3.h  h) authorize and approve the terms of reference for the negotiation of Protocols, and consider and adopt the texts thereof and of amendments thereto;    ATTACH 
Art.34.3.i  i) authorize the negotiation of Declarations, and approve their issuance;     
Art.34.3.j  j) decide on accessions to this Treaty;     
Art.34.3.k  k) authorize the negotiation of and consider and approve or adopt association agreements;     
Art.34.3.l  l) consider and adopt texts of amendments to this Treaty;     
Art.34.3.m  m) consider and approve modifications of and technical changes to the Annexes to this Treaty;  ATTACH  ATTACH 
Art.34.3.n  n) appoint the Secretary-General and take all decisions necessary for the establishment and functioning of the Secretariat including the structure, staff levels and standard terms of employment of officials and employees.     
Art.34.4  4) In the performance of its duties, the Charter Conference, through the Secretariat, shall cooperate with and make as full a use as possible, consistently with economy and efficiency, of the services and programmes of other institutions and organizations with established competence in matters related to the objectives of this Treaty.     
Art.34.5  5) The Charter Conference may establish such subsidiary bodies as it considers appropriate for the performance of its duties.     
Art.34.6  6) The Charter Conference shall consider and adopt rules of procedure and financial rules.     
Art.34.7  7) In 1999 and thereafter at intervals of not more than five years) to be determined by the Charter Conference, the Charter Conference shall thoroughly review the functions provided for in this Treaty in the light of the extent to which the provisions of the Treaty and Protocols have been implemented. At the conclusion of each review the Charter Conference may amend or abolish the functions specified in paragraph 3) and may discharge the Secretariat.     
Art.36  Article 36  HOBS HOBF FINAD DEFN SUBS  HOBS DEFN 
Art.36.1  1) Unanimity of the Contracting Parties Present and Voting at the meeting of the Charter Conference where such matters fall to be decided shall be required for decisions by the Charter Conference to:     
Art.36.1.a  a) adopt amendments to this Treaty other than amendments to Articles 34 and 35 and Annex T;  ATTACH  ATTACH 
Art.36.1.b  b) approve accessions to this Treaty under Article 41 by states or Regional Economic Integration Organizations which were not signatories to the Charter as of 16 June 1995;     
Art.36.1.c  c) authorize the negotiation of and approve or adopt the text of association agreements;     
Art.36.1.d  d) approve modifications to Annexes EM, NI, G and B;  ATTACH  ATTACH 
Art.36.1.e  e) approve technical changes to the Annexes to this Treaty; and  ATTACH  ATTACH 
Art.36.1.f  f) approve the Secretary-General's nominations of panelists under Annex D, paragraph 7).  ATTACH  ATTACH 
Art.36.1.gx  The Contracting Parties shall make every effort to reach agreement by consensus on any other matter requiring their decision under this Treaty. If agreement cannot be reached by consensus, paragraphs 2) to 5) shall apply.     
Art.36.2  2) Decisions on budgetary matters referred to in Article 343)e) shall be taken by a qualified majority of Contracting Parties whose assessed contributions as specified in Annex B represent, in combination, at least three-fourths of the total assessed contributions specified therein.  ATTACH  ATTACH 
Art.36.3  3) Decisions on matters referred to in Article 347) shall be taken by a three-fourths majority of the Contracting Parties.     
Art.36.4  4) Except in cases specified in subparagraphs 1)a) to f), paragraphs 2) and 3), and subject to paragraph 6), decisions provided for in this Treaty shall be taken by a three-fourth majority of the Contracting Parties Present and Voting at the meeting of the Charter Conference at which such matters fall to be decided.     
Art.36.5  5) For purposes of this Article, "Contracting Parties Present and Voting" means Contracting Parties present and casting affirmative or negative votes, provided that the Charter Conference may decide upon rules of procedure to enable such decisions to be taken by Contracting Parties by correspondence.     
Art.36.6  6) Except as provided in paragraph 2), no decision referred to in this Article shall be valid unless it has the support of a simple majority of the Contracting Parties.     
Art.36.7  7) A Regional Economic Integration Organization shall, when voting, have a number of votes equal to the number of its member states which are Contracting Parties to this Treaty; provided that such an Organization shall not exercise its right to vote if its member states exercise theirs, and vice versa.     
Art.36.8  8) In the event of persistent arrears in a Contracting Party's discharge of financial obligations under this Treaty, the Charter Conference may suspend that Contracting Party's voting rights in whole or in part.     
Art.37  Article 37  FINAD HOBF  FINAD 
Art.37.1  1) Each Contracting Party shall bear its own costs of representation at meetings of the Charter Conference and any subsidiary bodies.     
Art.37.2  2) The cost of meetings of the Charter Conference and any subsidiary bodies shall be regarded as a cost of the Secretariat.     
Art.37.3  3) The costs of the Secretariat shall be met by the Contracting Parties assessed according to their capacity to pay, determined as specified in Annex B, the provisions of which may be modified in accordance with Article 361)d).  ATTACH  ATTACH 
Art.37.4  4) A Protocol shall contain provisions to assure that any costs of the Secretariat arising from that Protocol are borne by the parties thereto.    ATTACH 
Art.37.5  5) The Charter Conference may in addition accept voluntary contributions from one or more Contracting Parties or from other sources. Costs met from such contributions shall not be considered costs of the Secretariat for the purposes of paragraph 3).     
Sect.8  PART VIII     
Art.45  Article 45  SUBS FINAD  MEMB 
Art.45.1  1) Each signatory agrees to apply this Treaty provisionally pending its entry into force for such signatory in accordance with Article 44, to the extent that such provisional application is not inconsistent with its constitution, laws or regulations.     
Art.45.2.a  2) a) Notwithstanding paragraph 1) any signatory may, when signing, deliver to the Depositary a declaration that it is not able to accept provisional application. The obligation contained in paragraph 1) shall not apply to a signatory making such a declaration. Any such signatory may at any time withdraw that declaration by written notification to the Depositary.     
Art.45.2.b  b) Neither a signatory which makes a declaration in accordance with subparagraph a) nor Investors of that signatory may claim the benefits of provisional application under paragraph 1).     
Art.45.2.c  c) Notwithstanding subparagraph a), any signatory making a declaration referred to in subparagraph a) shall apply Part VII provisionally pending the entry into force of the Treaty for such signatory in accordance with Article 44, to the extent that such provisional application is not inconsistent with its laws or regulations.     
Art.45.3.a  3) a) Any signatory may terminate its provisional application of this Treaty by written notification to the Depositary of its intention not to become a Contracting Party to the Treaty. Termination of provisional application for any signatory shall take effect upon the expiration of 60 days from the date on which such signatory's written notification is received by the Depositary.     
Art.45.3.b  b) In the event that a signatory terminates provisional application under subparagraph a), the obligation of the signatory under paragraph 1) to apply Parts III and V with respect to any Investments made in its Area during such provisional application by Investors of other signatories shall nevertheless remain in effect with respect to those Investments for twenty years following the effective date of termination, except as otherwise provided in subparagraph c).     
Art.45.3.c  c) Subparagraph b) shall not apply to any signatory listed in Annex PA. A signatory shall be removed from the list in Annex PA effective upon delivery to the Depositary of its request therefor.  ATTACH   
Art.45.4  4) Pending the entry into force of this Treaty the signatories shall meet periodically in the provisional Charter Conference, the first meeting of which shall be convened by the provisional Secretariat referred to in paragraph 5) not later than 180 days after the opening date for signature of the Treaty as specified in Article 38.     
Art.45.5  5) The functions of the Secretariat shall be carried out on an interim basis by a provisional Secretariat until the entry into force of this Treaty pursuant to Article 44 and the establishment of a Secretariat.     
Art.45.6  6) The signatories shall, in accordance with and subject to the provisions of paragraph 1) or subparagraph 2)c) as appropriate, contribute to the costs of the provisional Secretariat as if the signatories were Contracting Parties under Article 373). Any modifications made to Annex B by the signatories shall terminate upon the entry into force of this Treaty.  ATTACH   
Art.45.7  7) A state or Regional Economic Integration Organization which, prior to this Treaty's entry into force, accedes to the Treaty in accordance with Article 41 shall, pending the Treaty's entry into force, have the rights and assume the obligations of a signatory under this Article.  SOVR   
Please cite as:
Data from Ronald B. Mitchell. 2002-2018. International Environmental Agreements Database Project (Version 2014.3).
Available at: http://iea-archive.uoregon.edu/
Date accessed: 20 October 2018