Freedom of Transit and Access to Gas Pipeline Networks under WTO Law

摘要

Whereas it is hardly controversial that energy trade falls within the framework of the WTO rules, the debate about the extent to which WTO law is applicable to transit via pipelines has been multifaceted and of growing relevance as the number of energy exporting WTO Members is on the rise. Politically energy trade has always been associated with juxtapositions; for exporting countries energy is often the key source of state revenue, for importers energy supply security is essential to maintain basic social and economic functions. Pipeline transportation of natural gas specifically is growing in importance, since natural gas as the "cleanest" fossil fuel, will be in a key role in the transition to renewable fuels. Regulating the transit sphere of trade is therefore of key importance, not only from an economic standpoint, but also in light of environmental and political concerns.