Abstract
The present thesis has analyzed the legal regime of oil and gas transit in energy charter treaty and law of Iran by the use of descriptive analytic method. The research findings show that the law of transportation and the transit of foreign goods through the Islamic Republic of Iran’s territory passed in 1995 and its executive by law generally deals with the transit affairs although because of its general application it can be stated that it includes energy transit especially oil and gas. This law has referred to the energy transit in a limited way and therefore the lack of law in this respect is quite conspicuous. The transportation law of Iran which was ratified about 14 years ago and since it was codified for the needs of those days need to be revised in case Iran intends to join the charter because in several cases there is lack of law. But despite the legal vacuum there is no contrast between the aforementioned law and the contents of the charter treaty in terms of the oil and gas transit. In fact it can be stated that the law of transportation of Iran has no limitation in accepting the contents of the charter but only in some cases for the sake of clarification and preventing the creation of difference some new rules need to be ratified and some of the present rules need to be modified.
Highlights
Energy transit has always been attended as one of the significant issues in the international trade law
The present thesis has analyzed the legal regime of oil and gas transit in energy charter treaty and law of Iran by the use of descriptive analytic method
The research findings show that the law of transportation and the transit of foreign goods through the Islamic Republic of Iran’s territory passed in 1995 and its executive by law generally deals with the transit affairs because of its general application it can be stated that it includes energy transit especially oil and gas
Summary
Energy transit has always been attended as one of the significant issues in the international trade law. To do transit the presence of strong political relation and the agreement of the countries in this respect is the required condition but to fulfill it the countries need to sign a contract in which the right of transit and the related conditions and regulations are clearly determined It is only under such a contract that the countries obtain international commitment to give transit permission. Quick rise of the energy transit in recent decade caused the transit operation in terms of the expenses of the service providers and the transit path becomes complicated This problem showed that the article 5 of GATT is no longer capable of answering all transit related. First the concept of transit, and the rules of the energy treaty charter and the rules of Iran and charter treaty are comparatively analyzed
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