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9 General Conclusion

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: 26 January 2021

Subject(s):
ECT (Energy Charter Treaty) — Vienna Convention on the Law of Treaties

Faced with the need to cooperate in order to access energy sources and energy markets, states increasingly conclude treaties with a view to guaranteeing uninterrupted transit of energy via pipelines. Although bilateralisable treaty obligations regarding transit of energy remain dominant, a trend towards genuinely multilateral obligations regarding transit is appearing in treaty practice, along with a trend of multilateralization on an institutional level. The indivisible nature of obligations and the emphasis that treaty parties place on uninterrupted energy flows via each pipeline may signal a trend away from unilateralism- countermeasures remain a preferred a means of implementing responsibility, but treaty rules are being established that may prohibit unilateral countermeasures, as circumstances precluding wrongfulness.

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