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8 Countermeasures as Circumstances Precluding Wrongfulness of Transit Interruptions

From: Treaties on Transit of Energy via Pipelines and Countermeasures

Danae Azaria

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 15 January 2021

Subject(s):
ECT (Energy Charter Treaty)

This chapter examines countermeasures as circumstances precluding wrongfulness in the form of interrupting established transit flows of energy. It shows that although the GATT and the ECT do not exclude such countermeasures, some bespoke pipeline treaties may be interpreted in this manner. The chapter then analyses the conditions of lawfulness of countermeasures in the form of interrupting established energy flows focusing on three conditions of particular importance in the context of transit of energy. First, it examines the impact on third treaty parties (or third states). Second, it analyses proportionality. Third, it discusses the impact of interruption of transit of energy on human rights of individuals located in the states of origin (exporters) and of destination (importers). It argues that despite the limitations on extraterritorial application of human rights in this scenario, countermeasures taken in the form of suspending compliance with obligations concerning energy transit (or exports) may be disproportionate.

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