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Energy Transit under the Energy Charter Treaty and the General Agreement for Tariffs and Trade

Azaria, D; (2009) Energy Transit under the Energy Charter Treaty and the General Agreement for Tariffs and Trade. Journal of Energy and Natural Resources Law , 27 (4) pp. 557-593. 10.1080/02646811.2009.11435230.

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Abstract

Article 7 – the transit article – of the Energy Charter Treaty is an important guarantee of energy security. Nevertheless, some claim that the ‘principle of freedom of transit’ enshrined in the provision may give rise to implementation problems because of the vague relationship between this article and Article V of the General Agreement on Tariffs and Trade. This article argues that the relationship between these two provisions is misunderstood. While some emphasise that Article 7 draws on Article V, the latter is not equipped to deal with energy transit through a fixed infrastructure. The findings of the recent Panel Report on Article V, the Colombia Entry Ports case, do not readily apply to energy transit unless interpreted in light of the standards established and promoted in the framework of the Energy Charter process. The article argues that the transit provision of the Energy Charter Treaty should influence the interpretation of, as well as efforts to revise, Article V of the General Agreement on Tariffs and Trade, within the current Doha negotiations in the World Trade Organization.

Type: Article
Title: Energy Transit under the Energy Charter Treaty and the General Agreement for Tariffs and Trade
DOI: 10.1080/02646811.2009.11435230
Publisher version: http://dx.doi.org/10.1080/02646811.2009.11435230
Language: English
UCL classification: UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: http://discovery.ucl.ac.uk/id/eprint/1406668
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