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This monograph examines the relationship between treaties providing
for uninterrupted energy transit and countermeasures under the law
of international responsibility. It analyses the obligations
governing energy transit through pipelines in multilateral and
bilateral treaties, looking at the WTO Agreement, the Energy
Charter Treaty, and sixteen bespoke pipeline treaties. It argues
that a number of transit obligations under these treaties are
indivisible, reflecting the collective interests of states parties.
The analysis is placed in the historical and normative landscape of
freedom of transit in international law. After setting out the
content and scope of obligations concerning transit of energy, it
distinguishes countermeasures from treaty law responses, and
examines the dispute settlement and compliance supervision
provisions in these treaties. Building on these findings, the work
discusses the availability and lawfulness of countermeasures as, on
the one hand, a means of implementing the transit states
responsibility for interruptions of energy transit via pipelines;
and, on the other hand, circumstances that preclude the
wrongfulness of the transit states interruptions of transit.
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