Introduction

The following is an article drafted in 1995-96 by Craig S. Bamberger, who had served through 1994 as chairman of the legal advisory committee to the Conference in which the Energy Charter Treaty was negotiated. Mr. Bamberger circulated this draft article privately at the time of its composition, but did not thereafter prepare it for publication. He has consented to publication of the unfinished article, dated April 30, 1996, in light of the recent developments concerning Russian gas exports through Ukraine, in order to provide a vehicle for discussion of the legal issues ...