Treaties on Transit of Energy via Pipelines and Countermeasures

Hardcover | April 10, 2015

byDanae Azaria

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The importance of the relationship between treaties providing for uninterrupted energy transit and customary international law is starkly demonstrated by the relationship between the relevant treaties and countermeasures under the law of international responsibility, as a means of enforcingthe transit state's obligations, and as circumstances that preclude the wrongfulness of the transit state's interruptions of energy transit. This monograph undertakes a comprehensive analysis of and provides a coherent method for establishing obligations governing the transit of energy throughpipelines in multilateral and bilateral treaties, including the WTO Agreement, Energy Charter Treaty, and fourteen bespoke pipeline treaties. It examines whether breach of these treaties can give rise to countermeasures by thoroughly engaging with the law of treaties, especially treatyinterpretation. The book offers an original argument about the nature of these treaty obligations in relation to state responsibility, and about the relationship between provisions for dispute settlement and compliance supervision in transit treaties and countermeasures. The analysis is placed in the historical andnormative landscape of freedom of transit in international law, and after setting out the obligations' content and distinguishing countermeasures from treaty law responses, the book identifies a trend towards the multilateralisation of obligations and their institutional equipment. Building on thesefindings the work explains the availability and lawfulness of countermeasures against the responsible transit state. The competing interests of the transit state and those of the states dependent on the pipeline, as well as the states' interpretations of treaty rules and their relationship withinternational responsibility in numerous disputes, make this question one of the most controversial aspects of modern energy law.

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The importance of the relationship between treaties providing for uninterrupted energy transit and customary international law is starkly demonstrated by the relationship between the relevant treaties and countermeasures under the law of international responsibility, as a means of enforcingthe transit state's obligations, and as circum...

Dr Danae Azaria is a Lecturer in Law at University College London. She was previously a Lecturer at City Law School, and a Max Planck Society visiting fellow at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg. Danae Azaria holds LLM and PhD degrees from University College London.
Format:HardcoverDimensions:368 pagesPublished:April 10, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198717423

ISBN - 13:9780198717423

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Table of Contents

1. Introduction2. The Historical and Normative Background of Freedom of Transit in International Law3. The Scope and Content of Obligations Regarding Transit of Energy4. The Nature of International Obligations Regarding Transit of Energy: From Bilateral to Indivisible Obligations5. Treaty Law Responses6. Treaty Obligations in Respect of Settlement of Disputes7. Countermeasures against the Responsible Transit State8. Countermeasures as Circumstances Precluding Wrongfulness of Interruptions of Established Transit Flows of Energy9. Conclusion: A Trend against Unilateralism