Requirements of World Trade Organization in Respect of Energy Transportation Through Pipeline
| Autor: | جعفر نوری, ali pirmoradi, سمیرا غلامدخت |
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| Jazyk: | perština |
| Rok vydání: | 2017 |
| Předmět: |
Law Private international law. Conflict of laws K7000-7720 |
| Zdroj: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī, Vol 5, Iss 19, Pp 171-193 (2017) |
| Druh dokumentu: | article |
| ISSN: | 2345-3583 2476-6232 |
| DOI: | 10.22054/jplr.2017.7804 |
| Popis: | The approach of World Trade Organisation towards energy has been subject of many debates. One of the important issues is whether member States are obliged to free the energy transportation via pipeline or not. Logically, the mentioned freedom is conceivable in two forms, i.e. third party access and capacity establishment. Amongst the main documents of WTO no explicit regulation in this regard can be found. However, bearing in mind the generality of article 5 of GATT, one can deduct the obligation of member States to free both mentioned forms. Yet, in light of principles of interpretation of international documents, international law principles, case law and legal doctrine, the principle of freedom is interpreted and delimited in that it shall not oppose with sovereignty of members on their territories. Moreover, schedules of specific obligations of member States regarding services show the tendency towards freedom of both forms as paramount on services of pipeline in WTO. |
| Databáze: | Directory of Open Access Journals |
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