AN ANALYSIS OF PROVISIONAL APPLICATION OF ENERGY CHARTER TREATY IN LIGHT OF

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JONEIDI LAYA; KESHAVARZI GHAZAAL

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Journal: PUBLIC LAW STUDIES QUARTERLY Year:2018 | Volume:47 | Issue:4 Page(s): 841-871

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Title

AN ANALYSIS OF PROVISIONAL APPLICATION OF ENERGY CHARTER TREATY IN LIGHT OF "YUKOS SHAREHOLDERS VS. RUSSIAˮ, AND A COMPARISON WITH THE IRANIAN LEGAL SYSTEM

Author(s)

JONEIDI LAYA | KESHAVARZI GHAZAAL | Issue Writer Certificate

Keywords

ETAERT CEETRAT TGATNT: "YUKOS SHAREHOLDERS VS. RUSSIAˮQ1

PROVISIONAL APPLICATIONQ1

PERMANENT COURT OF ARBITRATIONQ1

IRANIAN LEGAL SYSTEMQ2

Abstract

Due to the necessity of a fast application and development of its rules and provisions regarding the role of energy in economic development, Energy Charter Treaty (ECT) has established the "provisional application" process. Article 45 of this treaty, while articulating the application of this principle, expresses some exceptions. Existing ambiguities as well as divergence in its interpretation, bring about some controversies on the aforementioned issue on an international level. One of the most important disputes in this regard is the case of "Yukos shareholders vs. Russia ˮ. In this award, the arbitral tribunal and judicial courts involved have raised various interpretations of article 45, relying on ECT and Russian law and have ultimately adopted different approaches. Examining all aspects of "provisional application" in the mentioned case, in addition to expressing the latest legal point of views on this subject may help legal authorities and legislators of countries, like Iran, who are willing to be members of ECT, in their future legal policies. This paper reviews the provisions of ECT regarding its PROVISIONAL APPLICATION and discusses different decisions of courts in Yukos shareholders vs. Russia to explain the contradictions and inconsistencies of the IRANIAN LEGAL SYSTEM with TCE, in case the Treaty is signed by Iran and PROVISIONAL APPLICATION commences.

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APA: Copy

JONEIDI, LAYA, & KESHAVARZI, GHAZAAL. (2018). AN ANALYSIS OF PROVISIONAL APPLICATION OF ENERGY CHARTER TREATY IN LIGHT OF "YUKOS SHAREHOLDERS VS. RUSSIA?, AND A COMPARISON WITH THE IRANIAN LEGAL SYSTEM. PUBLIC LAW STUDIES QUARTERLY, 47(4 ), 841-871. SID. https://sid.ir/paper/251357/en

Vancouver: Copy

JONEIDI LAYA, KESHAVARZI GHAZAAL. AN ANALYSIS OF PROVISIONAL APPLICATION OF ENERGY CHARTER TREATY IN LIGHT OF "YUKOS SHAREHOLDERS VS. RUSSIA?, AND A COMPARISON WITH THE IRANIAN LEGAL SYSTEM. PUBLIC LAW STUDIES QUARTERLY[Internet]. 2018;47(4 ):841-871. Available from: https://sid.ir/paper/251357/en

IEEE: Copy

LAYA JONEIDI, and GHAZAAL KESHAVARZI, “AN ANALYSIS OF PROVISIONAL APPLICATION OF ENERGY CHARTER TREATY IN LIGHT OF "YUKOS SHAREHOLDERS VS. RUSSIA?, AND A COMPARISON WITH THE IRANIAN LEGAL SYSTEM,” PUBLIC LAW STUDIES QUARTERLY, vol. 47, no. 4 , pp. 841–871, 2018, [Online]. Available: https://sid.ir/paper/251357/en

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