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Freedom of Transit and Access to Gas Pipeline Networks under WTO Law


Part of Cambridge International Trade and Economic Law

  • Date Published: December 2018
  • availability: Available
  • format: Paperback
  • isbn: 9781316615249

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About the Authors
  • Gas transit is network-dependent and it cannot be established without the existence of pipeline infrastructure in the territory of a transit state or the ability to access this infrastructure. Nevertheless, at an inter-regional level, there are no sufficient pipeline networks allowing gas to travel freely from a supplier to the most lucrative markets. The existing networks are often operated by either private or state-controlled vertically integrated monopolies who are often reluctant to release unused pipeline capacity to their potential competitors. These obstacles to gas transit can diminish the gains from trade for states endowed with natural gas resources, including developing landlocked countries, as well as undermine WTO Members' energy security and their attempts at sustainable development. This book explains how the WTO could play a more prominent role in the international regulation of gas transit and promote the development of an international gas market.

    • Provides a historical overview of the evolution of the key principles relevant to gas transit
    • A comprehensive study of the major WTO provisions concerning gas transit
    • Proposes concrete solutions to the problem of ineffective gas transit, explaining how the WTO could play a more prominent role in the international regulation of gas transit
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    Product details

    • Date Published: December 2018
    • format: Paperback
    • isbn: 9781316615249
    • length: 408 pages
    • dimensions: 230 x 153 x 28 mm
    • weight: 0.5kg
    • contains: 5 b/w illus. 2 maps 2 tables
    • availability: Available
  • Table of Contents

    List of figures
    Preface, acknowledgements and disclaimer
    Tables of cases
    List of acronyms and abbreviations
    Part I. The Topic and its Importance, the Scope and Structure of this Study, Overview of Relevant Theoretical Issues:
    1. Setting the context
    2. The scope and structure of this study
    3. Overview of relevant theoretical issues
    4. Summary and concluding remarks
    Part II. Freedom of Transit and Pipeline Gas: Overview of Relevant Legal, Political and Economic Aspects:
    1. Introduction
    2. Freedom of transit and territorial sovereignty
    3. Freedom of transit and pipeline gas
    4. Summary and concluding remarks
    Part III. General Overview of the International Regulation of Transit:
    1. Introduction
    2. Transit and its historical contexts - general overview
    3. Freedom of transit in different areas of international law
    4. Is the principle of freedom of transit a principle of general international law?
    5. Summary and concluding remarks
    Part IV. Pipeline Gas Transit under WTO Law: Assessment of Third-Party Access and Capacity Establishment Rights:
    1. Introduction
    2. Applicability of WTO law to gas transit: GATT or GATS?
    3. Third-party access and capacity establishment under the GATT
    4. Third-party access and capacity establishment under the GATS
    5. WTO rules regulating conditions of transit, exceptions and institutional arrangements
    6. Summary and concluding remarks
    Part V. Third-Party Access and Capacity Establishment Rights in Light of General Principles of International Law:
    1. Introduction
    2. Relevant principle of general international law
    3. Practical questions arising in the context of effective freedom of gas transit
    4. Summary and concluding remarks
    Part VI. Freedom of Gas Transit in the WTO: Dispute Settlement or Legislative Reform?:
    1. Introduction
    2. Enforcing third-part access and capacity establishment rights in the WTO dispute settlement: a viable option?
    3. How can the regulation of third-party access and capacity establishment rights in the WTO be improved?
    4. Summary and concluding remarks
    Part VII. General Summary and Conclusions: Appendix 1: selected legal materials
    Appendix 2: regulation of transit in selected multilateral treaties
    Appendix 3: examples of transit gar pipelines and flows, 2014

  • Author

    Vitaliy Pogoretskyy, Advisory Centre on WTO Law, Geneva
    Vitaliy Pogoretskyy works as Counsel at the Advisory Centre on WTO Law, where he assists developing-country Members of the ACWL and the least-developed countries in WTO dispute settlement proceedings, and provides these countries with legal advice and training on WTO law. He has also worked at the Rules Division of the WTO Secretariat, FratiniVergano - European Lawyers, and as a civil servant of the Government of Ukraine.

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