PHASE III RESEARCH PROJECTS
 
5.3.2

Transit of Energy

The focus of this project is transit of energy in the context of climate change. It seeks to clarify relationship between the GATT transit obligations and GATS commitments on transportation services, as well as the role of the Energy Charter Treaty (ECT). This project will then analyse legal issues related to transit of the captured carbon (CC) in the Carbon Capture and Storage (CCS) projects.

Transit rules are a highly debated issue in the context of sovereignty and security in negotiations pertaining to international energy trade. Thus, the project will analyse WTO disciplines and relevant instruments of public international law (ECT, the law of the sea) applicable to transit of energy. This project seeks to develop a comprehensive and coherent approach to transit, setting out common and more precise rules on transport and transit restrictions.

 

The first part of the project will focus on pipeline transportation and transit through grids. Today, national sovereignty prerogatives allow for almost any restriction of transit, and a proper balance between different interests is missing both in WTO law and in the international law of the sea. What are the legal guarantees offered by WTO law and public international law for the interoperability of the systems and uninterrupted transit? How can we enhance them with the goal to bring about energy security? This project will aim at answering these questions.

 

The second part of the project will focus on a special case-study with respect to transportation and transit of the captured carbon as a part of CCS projects. This part of the project aims at clarifying the legal implications of CC transportation and transit under the WTO law in conjunction with 2009 Amendment to the London Protocol, enabling transboundary CO2 transfer. The research goes beyond the traditional general discussions on the regulation of trade in waste, especially due to special characteristics of CC.