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View translated passages only
Oxford Law Citator
Contents
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Preliminary Material
Series Editors’ Preface
Acknowledgments
Note on Citation, Translation, and Method
Table of Contents
Table of Cases and their Abbreviations
Permanent Court of International Justice
International Court of Justice
International Tribunal for the Law of the Sea and Other Tribunals Under the Convention on the Law of the Sea
Arbitral Tribunals
Permanent Court of Arbitration
Iran-US Claims Tribunal
International Centre for the Settlement of Investment Disputes (ICSID)
Other Arbitral Tribunals
World Trade Organization and General Agreement on Tariffs and Trade
WTO Panels/AB Reports/Decisions and Awards by Arbitrators
Other Dispute Resolution Mechanisms under the DSU
GATT Panel Reports
Court of Justice of the European Union
European Court/Commission of Human Rights
Inter-American Court/Commission of Human Rights
Other International Tribunals
National Courts
Table of Treaties and Other Documents
Treaties
UN Security Council Resolutions and Other Documents
UN General Assembly Resolutions
UN ECOSOC Documents
International Law Commission Documents
1 On the Law of Treaties
Reports of the Special Rapporteurs
Special Rapporteur Lauterpacht
Special Rapporteur Fitzmaurice
Special Rapporteur Waldock
Articles Adopted by the Commission
Other Reports of the Commission
2 On the International Responsibility of States
Reports of the Special Rapporteurs
Special Rapporteur Ago
Special Rapporteur Riphagen
Special Rapporteur Arangio-Ruiz
Special Rapporteur Crawford
Articles Adopted by the Commission
Other Documents of the Commission
3 On the International Responsibility of International Organizations
Reports of Special Rapporteur
Special Rapporteur Gaja
Articles Adopted by the Commission
Other Documents of the Commission
4 On Reservations to Treaties
Reports of Special Rapporteur
Guidelines Adopted by the Commission
5 On Fragmentation of International Law
6 On Treaties in Time/Subsequent Agreements and Subsequent Practice in relation to Treaty Interpretation
Reports of Special Rapporteur
Conclusions Adopted by the Commission
7 Identification of Customary International Law
Documents produced by the Secretariat
8 Effects of Armed Conflicts on Treaties
UN Committee on Economic, Social and Cultural Rights
Human Rights Committee
Other UN Documents
WTO and GATT Documents
WTO Travaux Préparatoires
Doha Round Negotiations
Ministerial Conference
General Council
Council for Trade in Goods
WTO Secretariat
WTO Members Commitments Related Documents
Requests for Consultations
Other Documents
GATT 1947 Travaux Préparatoires
GATT Council Documents
Other GATT Documents
Energy Charter Documents and Preparatory Works
ECT Travaux Préparatoires
Transit Protocol Negotiations
Model Agreements
Other Documents
Energy Community Treaty Documents
League of Nations Documents
Barcelona Convention Travaux Preparatoires
African Union Documents
Documents of the Organization for Security and Co-Operation in Europe
Other Documents
Domestic Legislation
List of Abbreviations
Main Text
1 Introduction
1 The Scope and Significance of this Study
2 Treaty Law Framework Concerning Transit of Energy
2.1 The choice of treaties
2.2 The law of treaties: focus on interpretation
3 Countermeasures under the Law of International Responsibility
3.1 Overview of the law of international responsibility
3.1.1 The elements of an internationally wrongful act: focus on attribution
3.1.2 The consequences of an internationally wrongful act
3.2 The function of countermeasures: invocation of responsibility and circumstances precluding wrongfulness
4 Outline of the Study
5 Certain Basic Concepts
5.1 Transit
5.2 Energy
5.3 Transit routes
5.3.1 The WTO
5.3.2 The ECT
2 The Historical and Normative Background: ‘Freedom of Transit’ in International Law
1 Introduction
2 Transit via Waterway
2.1 Cross-border rivers
2.2 International canals
2.3 Transit at sea
3 Transit Overland
3.1 From the League of Nations to the United Nations
3.2 Landlocked states
4 Interim Conclusion
3 The Scope and Content of Obligations Regarding Transit of Energy
1 Introduction
2 Taxonomy of Obligations regarding Transit of Energy
2.1 Obligations of conduct and obligations of result
2.2 Overview of obligations regarding transit
2.2.1 GATT Article V
2.2.2 ECT Article 7
2.2.3 ECT Article 29
2.2.4 Bespoke pipeline agreements
3 Delineating the Scope of Obligations: the Example of Security Exceptions
3.1 Treaties without exceptions
3.1.1 There is no implied customary rule on security exceptions
3.1.2 International case law
3.2 Security exceptions and treaty language intended to displace countermeasures
3.2.1 GATT Article XXI
3.2.2 ECT Article 24
3.2.2.1 The 2002 Croatia-Slovenia oil transit dispute
3.2.2.2 Interruption of gas transit to Armenia during the 2008 Georgia-Russia armed conflict
3.2.2.3 The 2008 interruption of gas transportation to South Ossetia
3.2.2.4 The 2009 Ukraine-Russia gas transit dispute
3.2.2.5 The 2010 Belarus-Russia Gas Transit Dispute
3.2.3 Bespoke pipeline treaties
3.2.3.1 WAGP Treaty
3.2.3.2 Nabucco Agreement
3.2.3.3 Model Intergovernmental Agreement
4 Interim Conclusion
4 The Nature of International Obligations Regarding Transit of Energy: from Bilateral to Indivisible Obligations
1 Introduction
2 Classification of International Obligations regarding Transit of Energy via Pipelines
2.1 International case law
2.2 Classification of treaties and obligations in the work of the International Law Commission
2.3 The criteria for determining the nature of obligations regarding transit of energy via pipelines
3 Plurilateral Bespoke Pipeline Treaties
3.1 The Nabucco Agreement
3.2 The WAGP Treaty
3.3 The BTC Pipeline Agreement
3.4 The Burgas-Alexandroupolis Pipeline Agreement
3.5 The ITGI Agreement
3.6 The TAP Treaty
4 Bilateral Bespoke Pipeline Treaties regarding the Use of One Transit Pipeline
4.1 The China-Central Asia pipeline
4.2 The South Stream pipeline
5 Multilateral Treaties regarding Transit of Energy
5.1 The WTO
5.2 The ECT
6 Interim Conclusion
5 Responses to Breaches under the Law of Treaties
1 Introduction
2 Responses against Material Breaches
2.1 Unilateral responses against the material breach of a treaty
2.2 Differences between treaty law responses and countermeasures
2.3 Special provisions concerning responses to material breach
2.3.1 The WTO Agreement
2.3.2 Bespoke pipeline treaties
2.3.3 The 2012 Sudan-South Sudan dispute and the Agreement on Oil
3 Exceptio Non Adimpleti Contractus
4 Interim Conclusion
6 Treaty Provisions Concerning Dispute Settlement and Compliance Supervision
1 Introduction
2 The Relationship between Dispute Resolution and Countermeasures
2.1 Institutional frameworks excluding countermeasures
2.2 Treaty clauses on dispute settlement and countermeasures
3 The WTO Dispute Settlement Understanding
3.1 The exclusiveness of the WTO DSU
3.2 Energy crises do not challenge the exclusiveness of the DSU
3.3 Standing to resort to the DSU
4 The Energy Charter Treaty
4.1 Annex D
4.2 General inter-state dispute settlement
4.3 Conciliation
4.4 Standing
5 Bespoke Pipeline Treaties
5.1 The Nabucco Agreement
5.2 The WAGP Treaty
5.3 The BTC Agreement
5.4 The Burgas-Alexandroupolis Agreement
5.5 The ITGI Agreement
5.6 The TAP Treaty
5.7 China-Central Asia and South Stream Pipeline Agreements
5.8 Standing to resort to treaty-designed responses
6 Interim Conclusion
7 Countermeasures against the Responsible Transit State
1 Introduction
2 Countermeasures within the Treaty Breached
2.1 The WTO
2.2 The ECT
2.3 Bespoke pipeline treaties
2.3.1 The Nabucco Agreement
2.3.2 The WAGP Treaty
2.3.3 The BTC Agreement
2.3.4 The Burgas-Alexandroupolis and ITGI Agreements
2.3.5 The TAP Treaty
2.3.6 The South Stream and China-Central Asia Pipeline Agreements
3 Conditions of Lawfulness of Countermeasures
3.1 Taken by the injured state
3.2 Targeted against the responsible transit state
3.3 Proportionality and multiplicity of injured states
4 Interim Conclusion
8 Countermeasures as Circumstances Precluding Wrongfulness of Transit Interruptions
1 Introduction
2 Availability of Countermeasures in the Form of Suspending Performance of Obligations regarding Transit of Energy
2.1 The WTO
2.2 The ECT
2.2.1 Annex D
2.2.2 The obligation not to interrupt transit during a transit dispute and security exceptions
2.3 Bespoke pipeline treaties
3 Conditions of Lawful Countermeasures in the Form of Suspending Performance of Obligations regarding Transit of Energy
3.1 Countermeasures and multiplicity of injured states in the context of transit of energy
3.1.1 2004 Belarus-Russia gas transit dispute
3.1.2 The 2006 Ukraine-Russia gas transit dispute
3.1.3 The 2007 Russia-Belarus oil exports and transit dispute
3.2 Proportionality
3.3 Human rights and countermeasures in the form of suspending compliance with transit of energy obligations
3.3.1 Which human rights?
3.3.2 Extraterritorial application of human rights obligations
3.3.3 ‘Effect’ on human rights obligations
3.3.4 Effect on the target state’s ability to comply with its human rights obligations
4 Interim Conclusion
9 General Conclusion
Further Material
Bibliography
Index
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Series Editors’ Preface
From:
Treaties on Transit of Energy via Pipelines and Countermeasures
Danae Azaria
Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Series:
Oxford Monographs in International Law
Published in print:
26 March 2015
ISBN:
9780198717423
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18.204.42.98