The Good Neighbourliness Principle in EU External Energy Relations: The Case of Energy Transit

Forthcoming in Dimitry Kochenov and Elena Basheska (Eds.), The Principle of Good Neighbourliness in the European Legal Context (Leiden/Boston: Brill Nijhoff, 2015).

25 Pages Posted: 1 Oct 2014

See all articles by Anatole Boute

Anatole Boute

The Chinese University of Hong Kong (CUHK) - Faculty of Law

Date Written: September 30, 2014

Abstract

An analysis of energy transit regulation contributes to defining the principle of good neighbourly relations under international law. Vice versa, the principle of good neighbourly relations contributes to understanding the existing regulatory architecture in the energy sector. Given the increasingly challenging relation between the EU and Russia, an analysis of energy transit under the principle of good neighbourliness is important because it helps to determine the standards of behaviour to which Russia should adhere, even in the absence of Russia’s ratification of the ECT transit regime. Taking into account the deficiencies of the existing ECT transit regime, the principle of good neighbourliness is also useful in the context of the necessary development of additional transit cooperation mechanisms. The constituting elements of good neighbourly relations provide legal support for the elaboration of new instruments for the prevention (ex ante) and resolution (ex post) of transit disputes. As highlighted by the difficulty to address the repeated Russia-Ukraine-EU transit crises, maintaining good neighbourly relations regarding energy transit requires the strengthening of the existing international transit regime.

Keywords: energy transit, EU-Russia relations, good neighbourliness

Suggested Citation

Boute, Anatole, The Good Neighbourliness Principle in EU External Energy Relations: The Case of Energy Transit (September 30, 2014). Forthcoming in Dimitry Kochenov and Elena Basheska (Eds.), The Principle of Good Neighbourliness in the European Legal Context (Leiden/Boston: Brill Nijhoff, 2015)., Available at SSRN: https://ssrn.com/abstract=2503374

Anatole Boute (Contact Author)

The Chinese University of Hong Kong (CUHK) - Faculty of Law ( email )

6/F Lee Shau Kee Building
Shatin New Territories
Kowloon, Sha Tin
Hong Kong

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