Freedom of Transit and Access to Gas Pipeline Networks Under Wto Law

ISBN-13: 9781316615249 / Angielski / Miękka / 2018 / 408 str.

Vitaliy Pogoretskyy

Opis

A comprehensive and original analysis of all major WTO provisions relating to the transit of pipeline gas.

Spis treści

List of figures; Foreword; Preface, acknowledgements and disclaimer; Tables of cases; List of acronyms and abbreviations; Part I. The Topic and its Importance, the Scope and Structure of this Study, Overview of Relevant Theoretical Issues: 1. Setting the context; 2. The scope and structure of this study; 3. Overview of relevant theoretical issues; 4. Summary and concluding remarks; Part II. Freedom of Transit and Pipeline Gas: Overview of Relevant Legal, Political and Economic Aspects: 1. Introduction; 2. Freedom of transit and territorial sovereignty; 3. Freedom of transit and pipeline gas; 4. Summary and concluding remarks; Part III. General Overview of the International Regulation of Transit: 1. Introduction; 2. Transit and its historical contexts - general overview; 3. Freedom of transit in different areas of international law; 4. Is the principle of freedom of transit a principle of general international law?; 5. Summary and concluding remarks; Part IV. Pipeline Gas Transit under WTO Law: Assessment of Third-Party Access and Capacity Establishment Rights: 1. Introduction; 2. Applicability of WTO law to gas transit: GATT or GATS?; 3. Third-party access and capacity establishment under the GATT; 4. Third-party access and capacity establishment under the GATS; 5. WTO rules regulating conditions of transit, exceptions and institutional arrangements; 6. Summary and concluding remarks; Part V. Third-Party Access and Capacity Establishment Rights in Light of General Principles of International Law: 1. Introduction; 2. Relevant principle of general international law; 3. Practical questions arising in the context of effective freedom of gas transit; 4. Summary and concluding remarks; Part VI. Freedom of Gas Transit in the WTO: Dispute Settlement or Legislative Reform?: 1. Introduction; 2. Enforcing third-part access and capacity establishment rights in the WTO dispute settlement: a viable option?; 3. How can the regulation of third-party access and capacity establishment rights in the WTO be improved?; 4. Summary and concluding remarks; Part VII. General Summary and Conclusions: Appendix 1: selected legal materials; Appendix 2: regulation of transit in selected multilateral treaties; Appendix 3: examples of transit gar pipelines and flows, 2014; Bibliography; Index.