9 General Conclusion

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.