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9 Energy Transit in International Law—Concept and Challenges

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Chapter Summary

This chapter examines the notion of energy transit in international law to understand its implications in the current international scenario. After the rescission of the provisional application of the Energy Charter Treaty (ECT) pursuant to Article 45 by Russia on 18 October 2010, and the intention of the EU to reset the negotiations on the Energy Charter Treaty Protocol on Transit (ECTP), it is crucial to find a legal alternative to achieve energy security and energy independence. The chapter explores the notion of transit in international law to conclude with energy transit. It describes freedom of transit under the WTO/GATT, as well as under the ECT, to understand its implications. The chapter introduces the current Doha Round negotiations on trade facilitation and its relationship with energy transit. It concludes with exploring the challenges of energy transit, based on the current situation of energy transit vis-à-vis the ECTP's negotiations.

Keywords: Article 45; Doha Round negotiations; Energy Charter Treaty (ECT); Energy Charter Treaty Protocol on Transit (ECTP); energy transit; international law; Russia



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