Both pecuniary (i.e., economic compensation) and non-pecuniary (i.e., orders for specific performance) remedies are available under the Energy Charter Treaty. However, the award has to provide expressly for the Contracting Party to opt to pay monetary damages in lieu of non-pecuniary remedies in cases of Treaty breaches related to acts of sub-national governments or authorities. The provision on both non-pecuniary and pecuniary remedies is coherently accompanied by a specific provision concerning the implementation of awards rendered pursuant to the ECT. Therefore, the effective implementation of ECT awards is secured, especially when specific performance is awarded against respondent Contracting Parties. This Occasional Paper looks at the specific regime set up by the ECT in comparison with general international law.
On 26 March 2015, Secretary General Rusnák met with the Vice Prime-Minister of the Kyrgyz Republic Mr. Valeriy Dil. The meeting took place at the Energy Charter Secretariat in Brussels. Vice Prime-Minister Dil expressed support to the International Energy Charter and informed Dr. Rusnák that the Kyrgyz Republic would be represented by the Minister of Energy and Industry at the Ministerial Conference in The Hague on 20-21 May 2015. Parties also discussed the role of the Energy Charter in promoting regional energy cooperation in Central and South Asia. Mr. Dil reiterated his country’s invitation to organise the next meeting of the Task Force on regional energy cooperation in Kyrgyzstan in September 2015. He stressed the importance of sustainable management of water and energy resources in Central Asia and expressed his interest in closer cooperation on this subject.
On 19 March 2015 Secretary General Urban Rusnák met with the European Commissioner Johannes Hahn, responsible for European Neighbourhood Policy and Enlargement Negotiations. They had an exchange of views on common areas of work and objectives in the regions bordering the EU. The six countries of the Eastern Neighbourhood, namely Armenia, Azerbaijan, Belarus, Georgia, Moldova and Ukraine are all members of the Energy Charter Treaty. Georgia is currently holding the annual chairmanship of the Energy Charter Conference, and the Secretariat in Brussels regularly host secondees from those countries, which also benefit from energy efficiency in-depth reviews, investment climate reports and tailored forums on specific energy issues relevant to those countries. Furthermore, the Energy Charter Treaty is an agreement that extends cooperation to other neighbours in the Western Balkans and around the Caspian Sea. From that perspective, Commissioner Hahn and Secretary General Rusnák referred to the important programme for Interstate Oil and Gas Transportation to Europe (INOGATE).