This dissertation provides a comprehensive review of the legislative regime
of transit process in the Energy sector. In the beginning, the meaning of the
term “transit” is clarified, while the historical background of the developing
process since the early 20th century is thoroughly expounded. The paper is
divided into three chapters.
The first chapter deals with the transit regime under the Energy Charter
Treaty. The chapter begins with the ECT definition and its targets of
establishment, while a reference to the scope of Transit Protocol is also
presented. Afterwards, an extensive interpretation and analysis of the Article
7 of the Treaty is taking place.
The second chapter is dedicated to the provisions of The General Agreement
on Tariffs and Trade regarding transit, after a display of its features and
scope of coverage has been remarked. Article V of the GATT is also
examined with due diligence.
In the final chapter the study analyzes the relationship between the ECT
Article 7 and GATT Article V and aims to weigh the respective advantages
and disadvantages of the one against the other. The study concludes by
highlighting the superiority of ECT transit regime against GATT, in terms of
Energy, despite specific textual deficiencies and by emphasizing the need of
the adoption of a coherent regulatory sectoral agreement on energy transit.
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