he Energy Charter Treaty obliges member states to endeavour to provide non-discriminatory treatment to investors from other member states in the ‘pre-investment phase’, i.e., the making of investments. This obligation, described in more detail in Article 10(2) of the Treaty, applies to the 47 parties who have ratified the Treaty and to the two signatories that have accepted provisional application of the Treaty.
Any country that maintains measures that do not conform to this standard of treatment are obliged to register them. The full register of such non-conforming measures is published in the so-called ‘Blue Book’. Progress towards removal of the measures recorded in the Blue Book is kept under regular review by the Energy Charter Conference and its Investment Group.
The latest version of the Blue Book is available by clicking on book cover image. The existing non-conforming measures have been arranged, for reason of ease of reference, into five categories:
- Land and real estate restrictions;
- Measures regarding registration and screening;
- Reciprocity requirements; and
- Other non-conforming measures.