 The Role of the Energy Charter Treaty: A CritiqueEkpen James Omonbude Chapter 5 in Cross-border Oil and Gas Pipelines and the Role of the Transit Country: Economics, Challenges, and Solutions, 2013, pp 101-116 from Palgrave Macmillan Abstract: Abstract The previous chapter showed that the motives behind the construction and operation of a pipeline, the relevance of the project to the participants, equity participation in the project, and the availability of alternatives are all important factors in the balance of bargaining power among the parties involved. The problem highlighted at the beginning of this research is that the Energy Charter Treaty and the draft Energy Charter Protocol on Energy Transit cannot overcome the possibility of opportunism. The extent to which the factors identified in Chapter 4 are incorporated into the philosophy of the Treaty as a whole is not clear at this point. The objective of this chapter, therefore, is to analyse the relevant provisions of the Treaty and the draft Protocol in the context of the findings from this research, with a view to characterising the role of the Energy Charter Secretariat (or indeed any form of international regulation) in cross-border oil and gas pipelines involving transit. Keywords: Energy Efficiency; World Trade Organization; Bargaining Power; Investment Protection; Dispute Settlement (search for similar items in EconPapers) There are no downloads for this item, see the EconPapers FAQ for hints about obtaining it. Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:pal:palchp:978-1-137-27452-6_5 Ordering information: This item can be ordered from Access Statistics for this chapter More chapters in Palgrave Macmillan Books from Palgrave Macmillan |
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