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The Role of the Energy Charter Treaty: A Critique

In: Cross-border Oil and Gas Pipelines and the Role of the Transit Country: Economics, Challenges, and Solutions

Author

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  • Ekpen James Omonbude

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.

Suggested Citation

  • Ekpen James Omonbude, 2013. "The Role of the Energy Charter Treaty: A Critique," Palgrave Macmillan Books, in: Cross-border Oil and Gas Pipelines and the Role of the Transit Country: Economics, Challenges, and Solutions, chapter 5, pages 101-116, Palgrave Macmillan.
    • Handle: RePEc:pal:palchp:978-1-137-27452-6_5
    DOI: 10.1057/9781137274526_5
    as

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