Freedom of transit and access to gas pipeline networks under WTO law. Series Number 35 Freedom of Transit and Access to Gas Pipeline Networks under WTO Law

Gas Transit Is Network-dependent And It Cannot Be Established Without The Existence Of Pipeline Infrastructure In The Territory Of A Transit State Or The Ability To Access This Infrastructure. Nevertheless, At An Inter-regional Level, There Are No Sufficient Pipeline Networks Allowing Gas To Travel Freely From A Supplier To The Most Lucrative Markets. The Existing Networks Are Often Operated By Either Private Or State-controlled Vertically Integrated Monopolies Who Are Often Reluctant To Release Unused Pipeline Capacity To Their Potential Competitors. These Obstacles To Gas Transit Can Diminish The Gains From Trade For States Endowed With Natural Gas Resources, Including Developing Landlocked Countries, As Well As Undermine Wto Members' Energy Security And Their Attempts At Sustainable Development. This Book Explains How The Wto Could Play A More Prominent Role In The International Regulation Of Gas Transit And Promote The Development Of An International Gas Market-- Gas Transit Is Network-dependent And It Cannot Be Established Without The Existence Of Pipeline Infrastructure In The Territory Of A Transit State Or The Ability To Access This Infrastructure. Nevertheless, At An Inter-regional Level, There Are No Sufficient Pipeline Networks Allowing Gas To Travel Freely From A Supplier To The Most Lucrative Markets. The Existing Networks Are Often Operated By Either Private Or State-controlled Vertically-integrated Monopolies Who Are Often Reluctant To Release Unused Pipeline Capacity To Their Potential Competitors. These Obstacles To Gas Transitis Can Diminish The Gains From Trade For States Endowed With Natural Gas Resources, Including Developing Land-locked Countries, As Well As Undermine Wto Members' Energy Security And Their Attempts At Sustainable Development. This Book Explains How The Wto Could Play A More Prominent Role In The International Regulation Of Gas Transit And Promote The Development Of An International Gas Market-- I. The Topic And Its Importance, The Scope And Structure Of This Study, Overview Of Relevant Theoretical Issues -- Ii. Freedom Of Transit And Pipeline Gas: Overview Of Relevant Legal, Political And Economic Aspects -- Iii. General Overview Of The International Regulation Of Transit -- Iv. Pipeline Gas Transit Under Wto Law: Assessment Of Third-party Access And Capacity Establishment Rights -- V. Third-party Access And Capacity Establishment Rights In Light Of General Principles Of International Law -- Vi. Freedom Of Gas Transit In The Wto: Dispute Settlement And/or Legislative Reform? -- Vii. General Summary And Conclusions. Vitaliy Pogoretskyy. Includes Bibliographical References (p. 331-356) And Index. "Gas transit is network-dependent and it cannot be established without the existence of pipeline infrastructure in the territory of a transit state or the ability to access this infrastructure. Nevertheless, at an inter-regional level, there are no sufficient pipeline networks allowing gas to travel freely from a supplier to the most lucrative markets. The existing networks are often operated by either private or state-controlled vertically integrated monopolies who are often reluctant to release unused pipeline capacity to their potential competitors. These obstacles to gas transit can diminish the gains from trade for states endowed with natural gas resources, including developing landlocked countries, as well as undermine WTO Members' energy security and their attempts at sustainable development. This book explains how the WTO could play a more prominent role in the international regulation of gas transit and promote the development of an international gas market."--Résumé de l'éditeur Cover CONTENTS List of Figures and Tables Foreword Preface, Acknowledgements and Disclaimer Table of Cases List of Acronyms and Abbreviations I: The Topic and Its Importance, the Scope and Structure of This Study, Overview of Relevant Theoretical II: Freedom of Transit and Pipeline Gas III: General Overview of the International Regulation of Transit IV: Pipeline Gas Transit under WTO Law V: Third-Party Access and Capacity Establishment Rights in Light of General Principles of International Law VI: Freedom of Gas Transit in the WTO VII: General Summary and Conclusions Appendix 1: Selected Legal Materials Appendix 2: Regulation of Transit in Selected Multilateral Treaties Appendix 3: Examples of Transit Gas Pipelines and Flows, 2014 Bibliography Index This book analyses all major WTO provisions relating to the transit of pipeline gas and is essential reading for practitioners and regulatory authorities interested in the WTO's regulation of trade in energy, as well as legal and non-legal researchers analysing energy-related issues that are indirectly related to WTO law, and generalists in the field of public international law. A comprehensive and original analysis of all major WTO provisions relating to the transit of pipeline gas