Freedom Of Transit Research Articles

Международно-правовое регулирование транзита в сфере энергетики

The seamless transit of energy resources stands as one of the most pressing international legal issues, with freedom of transit being a fundamental principle of international economic law. This article aims to conduct a comparative legal analysis of international legal norms governing energy transit, highlighting both general and specific regulations. The scientific novelty lies in identifying general and specialized international legal norms applicable to energy transit and providing a comprehensive analysis. Differences in the status and formulations of existing international treaties on transit have led to the conclusion that there is a need for developing and adopting specialized universal international legal norms regulating energy transit. The results of the generalization and analysis of international treaties applicable to transit in the energy sector can be useful in practice when preparing transit provisions as part of the development of a new universal international treaty in the energy sector, the concept of which was proposed by the Russian Federation.

Using Machine Learning to Capture Heterogeneity in Trade Agreements

In this paper, we employ machine learning techniques to capture heterogeneity in free trade agreements. The tools of machine learning allow us to quantify several features of trade agreements, including volume, comprehensiveness, and legal enforceability. Combining machine learning results with gravity analysis of trade, we find that more comprehensive agreements result in larger estimates of the impact of trade agreements. In addition, we identify the policy provisions that have the most substantial effect in creating trade flows. In particular, legally binding provisions on antidumping, capital mobility, competition, customs harmonization, dispute settlement mechanism, e-commerce, environment, export and import restrictions, freedom of transit, investment, investor-state dispute settlement, labor, public procurement, sanitary and phytosanitary measures, services, technical barriers to trade, telecommunications, and transparency tend to have the largest trade creation effects.

Ponderación de derechos fundamentales en época de pandemia

The appearance and installation in our country of the pandemic caused by the so-called covid-19, has led to the issuance of various supreme decrees, which in the name of protecting the health, the environment of the family and the community, have cut in a way Intensive certain fundamental rights of the first degree, such as freedom of transit and freedom of work. The normative argument used by the Executive Power is weak, since the preeminence of certain fundamental rights of the second degree over the other so-called fundamental rights of the first degree supposes a hypothetical scenario of imminent constitutional controversy in which the so-called weighting of fundamental rights, in which the principles of suitability, necessity and weighting or proportionalityitself will be debated, whose scenarios become very interesting and above all promising for the clarification of the conflict of rights.&nbsp

A Harmonized Interpretation of Freedom of Transit in the Fragmented International Legal System: Applying Article 31(3)(c) of the Vienna Convention on the Law of Treaties to the Russia – Traffic in Transit Dispute

The article applies Article 31(3)(c) of the Vienna Convention on the Law of Treaties to examining the relevance of accords that bear on freedom of transit. Taking the WTO dispute of Russia – Traffic In Transit as an example, the article experiments with a harmonized interpretation, in quest of consistent meanings, of norms on freedom of transit in the fragmented international legal system. freedom of transit, fragmentation of international law, harmonized interpretation of norms, Russia, Ukraine, WTO dispute, Vienna Convention on the Law of Treaties (VCLT), landlocked developing countries (LLDCs)

Russia—Measures Concerning Traffic in Transit

This dispute, brought by Ukraine against Russia, provides the first discussion in a World Trade Organization (WTO) Panel or Appellate Body Report of the security exception in Article XXI of the General Agreement on Tariffs and Trade 1994 (GATT). Unusually for a WTO dispute, the Panel (chaired by former WTO Appellate Body Member Georges Abi-Saab) found that Russia had not acted inconsistently with any of the claimed obligations under the GATT or Russia's Accession Protocol. Central to that conclusion was the Panel's understanding of the GATT security exception and the circumstances surrounding the imposition of the challenged measures, which related to trade in transit by road and rail through Russian territory. The Panel found that, since 2014, an emergency in international relations existed between Russia and Ukraine within the meaning of GATT Article XXI(b)(iii) and that the challenged measures fell within this exception. If the exception had not applied, according to the Panel, Ukraine would have established a prima facie case of violation of the provisions on freedom of transit in GATT Article V:2 and equivalent provisions in Russia's Accession Protocol. The decision, which neither party chose to appeal, has significant implications for other disputes in which the security exception has been invoked.

Freedom of Transit

Nearly one-fifth of the states of the international community are without access to the sea i.e. they do not possess a coastline. By virtue of their geographical location, these states do not have access to marine resources and encounter severe limitations in their participation in international trade. The states without access to and from the sea are described as land-locked states. For these land-locked nations free access to the sea is linked to the question of transit. Goods originating from these states or entering into these states must pass through the territory of their neighbouring states. The neighbouring states through whose territory these goods pass are known as the transit states. Since the land-locked states have to borrow the territory of their neighbouring states, they are dependent on them for providing them with adequate means of transport facility for transit of their goods. But the land-locked states do not have any control over these transport facilities and transit countries have sometimes used their strategic position as an economic and political lever against the land-locked states. As mentioned above the free access to the sea is linked to the question of transit therefore, freedom of transit should exist for the land-locked states. Freedom of transit in general terms means the freedom to pass through the territory of any other state in order to have an access to the sea or to reach markets. Since, most of the land-locked states are either developing or least developed; freedom of transit is of utmost importance to them as it will help boost their economy. Land-locked states have always demanded an unconditional right of access to the sea and transit states have always countered this with the argument of state sovereignty. The importance of right of access to the sea for the land-locked states cannot be undermined but for their right the transit states cannot be put at stake. So, for the protection of the transit states there are certain situations under which transit can be refused like to protect the sovereignty, maintenance of public order, to protect the animal, plant or human life, etc.

Freedom of Transit and Access to Pipeline Networks under WTO Law by Vitaliy Pogoretskyy Cambridge: Cambridge University Press, 2017

In Freedom of Transit and Access to Pipeline Networks under WTO Law, the author appropriately introduces the topic by stating that energy is featuring increasingly prominently as a topic in international trade law. Indeed, while being a dormant issue in the World Trade Organization (“WTO” forum for decades, the importance of energy in the multilateral trading system can no longer be denied today. The reasons for its growing importance can, inter alia, be attributed to the changing nature of energy generation and global trade in energy, as well as the large number of accessions of major energy producing, exporting and transporting countries to the WTO over the past fifteen years. An example of how the importance of the WTO for energy can no longer be ignored is, for instance, the fact that beyond disputes regarding renewable energy, a case concerning the European Union’s Energy Package and Russia’s access to the EU gas market is currently pending at the WTO (DS476, EU – Energy Package). It may well be that this unprecedented case becomes a turning point for the WTO as a forum for resolving energy trade disputes. Unintentionally, the WTO may be de facto taking over this role from institutions such as the Energy Charter Secretariat.

Think Global, Act Unilateral? WTO Limitations on Trade Measures to Enforce Ocean Conservation

The traditional territory-based structure of international law makes protecting global common goods a major challenge. This is particularly true with respect to the ocean, an environment where overlapping areas under the jurisdiction of different states coexist with very mobile resources and a medium in which pollution can spread quickly. This paper examines recent developments that allow a greater role in enforcing fisheries conservation measures for consumer states and port states, affecting the law applicable de facto to fishermen and fishing vessels regardless of the flag they fly and the area where the fishing occurs, and considers the WTO-legality of conservation measures adopted by two major fish importers, the EU and the US. Following the sea change brought by the Appellate Body report in US – Shrimp, WTO law permits consumer states to impose requirements with respect to environmental conservation beyond their borders. The jurisprudence that authorizes the use of product specifications applicable abroad, subject essentially to non-discrimination requirements, would seem to permit port state measures that deny certain vessels freedom of transit. On the other hand, the WTO-consistency of country-wide sanctions for Members that fail to adopt and enforce conservation measures may depend on these measures finding support in multilateral instruments and decisions.

Enslavement and Freedom in Transition

This article explores the transition from enslavement to post-emancipation realities in the Muslim-majority societies of the Middle East and North Africa during the last stage of empire and the first phase of nation-building. The main argument is that within enslavement, there were gradations of bondage and servitude, not merely a dichotomy between free and enslaved. The various social positions occupied by the enslaved are best understood as points on a continuum of social, economic, and cultural realities. In turn, these were reproduced after emancipation in the successor states that emerged following the demise of the Ottoman and Qajar empires, the Sharifian state in Morocco, and the various principalities of the Arab/Persian Gulf. Hence, post-emancipation did not create equal citizenship for all freed persons, but rather the inequality within enslavement transitioned into the post-imperial societies of the Middle East and North Africa.

A Global Fight Against Counterfeit: Infringement Caused by Goods in Transit Under the New European Trademark Law Regulation No. (EU) 2015/2424 and Directive (EU) 2015/2436

The impact of fake products does not only affect holders of Intellectual Property rights. It also has a negative effect on economy and mainly affects consumers’ welfare. Product falsification and replication of copyright protected materials are considered serious offences in many jurisdictions around the world. Nevertheless, there is no such thing as an international harmonized practice regarding the control over counterfeit products. With the modernization of commercialization channels (internet, digital buying, offshore companies, etc.) this situation is reaching unprecedented limits, and criminal organizations are now considered as having a significant market control in global trade. In addition, the situation is aggravated by a combination of illicit activities related to this offense such as drug trafficking, tax evasion, money laundry and child labor exploitation in emerging economies. Different global players, such as international firms and Member States of various international treaties are cooperating to combat this crime. Nevertheless, the efforts sometimes get affected by judicial interpretations on how to enforce the law or by non-strict policies from the producing countries. But, where do we strike the balance between chasing infringers and allowing free markets and freedom of transit in accordance to international obligations imposed by the World Trade Organization? This paper will focus on explaining how did the European Court of Justice dealt with this question under the Nokia/Philips case regarding the possible infringement of IP rights by goods in transit within the European Union. In addition, it will expose the current situation under the amendments introduced by the new Trademark Regulation No. (EU) 2015/2424 and Directive (EU) 2015/2436.

ROAD TRANSPORT QUOTAS AS AN IMPORTANT ASYMMETRY OF THE CUSTOMS UNION

This study aims to analyse the problem of transit and bilateral quota on the road transport from Turkey to Europe. The research method is based on the analysing the basic global agreements on the freedom of transit, the main provisions of the Customs Union Agreement, the reports prepared by The World Bank, The International Forwarding Association of Turkey (UND), Ministry of Transport, Maritime Affairs and Communications and EU beside the literature. Expected findings is the negative impact on the export of the continuing road quotas via limiting the free movement of goods exported from Turkey since the services are not included in the Customs Union.

The Rights of Land-Locked States Under the International Law: The Role of Bilateral/Multilateral Agreements

The United Nations Convention on the Law of the Sea 1982 provided rights for land-locked states on the sea. More importantly, the convention provided them with the right of access to and from the seas and freedom of transit. However, the law makes such rights subject to the agreements to be made by land-locked and transit states. This, in turn, depends on the prevailing relations between the concerned states. If they are not in a smooth relation, the transit states may not be willing to negotiate and thereby put impediments on the land-locked states’ free transit. The political will and commitment of transit states highly conditioned the rights of land-locked states. The denial of free transit, in turn, affects the rights of land-locked states on the different maritime regimes. Land-locked states have no absolute right of access to and from the seas and freedom of transit. Hence, the study concludes that to give practical effect to those rights, negotiating bilateral and multilateral agreements with the transit states has a crucial and irreplaceable role.

Transporte terrestre, un tema regional estratégico del Tratado de Libre Comercio de América del Norte

Twenty years after the North American Free Trade Agreement came into effect, compliance with and pending issues regarding Chapter xx about transportation continue to be a matter of strategic interest for maintaining the increase in trade, ensuring national security (especially in the United States) and fostering regional integration with common advantages for the three countries. While trade has increased for the three partners, for Mexico, it is clear that the construction of 100 transportation infrastructure projects to make that possible have left to one side previously existing problems of integration, and that new inequalities have emerged with the failed attempts to achieve the agreement’s freedom of transit.

Respect for Copyright Sovereignty in Transit: The European Court of Justice Decision in the Joined Philips/Nokia Cases

The decision by the ECJ in Philips/Nokia is welcome on a number of grounds. The Court affirmed that each country has the sovereign authority to make and apply IP rules for its own territory, and that applying IP rules governing the domestic market of transit countries would impair that authority. The Court rejected the production fiction approach that had been adopted by the Dutch Supreme Court, and advocated by Phillips and the Belgian government in the joined Philips/Nokia proceeding. Critically, the Court grounded its decision in the EC Treaty and the Treaty on the Functioning of the European Union (TFEU). The ECJ effectively acknowledged (though without expressly referring to it) Article V of the GATT regarding freedom of transit, and the role this provision plays in facilitating international trade. The ECJ reference to the TFEU constrains EU options in the context of present efforts to amend the EU IP Border Regulation.The ECJ distinguished the level of proof or evidence that would justify seizure and temporary detention from the level of proof or evidence that is needed to establish infringement in a substantive enforcement proceeding. The types of evidence that may justify suspicion are broader than the concrete evidence that is needed to make out a case of infringement based on intention to divert. The ECJ placed a significant burden of proof on a right holder seeking the destruction or abandonment of goods “in transit” based on a substantive finding of infringement against the consignor/exporter of those goods. False transit must be proven with concrete evidence.

Seizure of ‘Goods in Transit’: A GATT Perspective

Starting 2008, Dutch authorities began confiscating several shipments of generic drugs bound for developing countries in South America. Most of these shipments originated in India and were seized on grounds of suspected patents and trademarks infringement. However, they were neither protected at the port of origin, nor the destination country. While most debates have surrounded the rights under the TRIPS Agreement, the right to freedom of transit protected under Article V of the GATT has not been given much attention. Considered along with the General Exceptions under Article XX of the GATT, seizure of goods in transit acquires quite a different dimension. This work begins by analyzing the interpretation of Article V of the GATT including an analysis of the special character of the border measures imposed by the EU. It then analyzes the consistency of the border measure and its application with the GATT, 1994 to determine whether, if not the TRIPS Agreement, does the GATT, 1994 grant protection to countries which seek to undertake such measures.

Freedom of Transit and Long-term Energy Security: Can the Interaction of WTO Law and General International Law Promote the Expansion of an International Gas Market?

Freedom of Transit and Long-term Energy Security: Can the Interaction of WTO Law and General International Law Promote the Expansion of an International Gas Market?

Freedom of Transit and Long-Term Energy Security: Can the Interaction of WTO Law and General International Law Promote the Expansion of an International Gas Market?

Freedom of Transit and Long-Term Energy Security: Can the Interaction of WTO Law and General International Law Promote the Expansion of an International Gas Market?

Energy Transit under the Energy Charter Treaty and the General Agreement on Tariffs and Trade

Article 7 – the transit article – of the Energy Charter Treaty is an important guarantee of energy security. Nevertheless, some claim that the ‘principle of freedom of transit’ enshrined in the provision may give rise to implementation problems because of the vague relationship between this article and Article V of the General Agreement on Tariffs and Trade. This article argues that the relationship between these two provisions is misunderstood. While some emphasise that Article 7 draws on Article V, the latter is not equipped to deal with energy transit through a fixed infrastructure. The findings of the recent Panel Report on Article V, the Colombia Entry Ports case, do not readily apply to energy transit unless interpreted in light of the standards established and promoted in the framework of the Energy Charter process. The article argues that the transit provision of the Energy Charter Treaty should influence the interpretation of, as well as efforts to revise, Article V of the General Agreement on Tariffs and Trade, within the current Doha negotiations in the World Trade Organization.

Religious Freedom in Transition: Spain

After a peaceful and well-conducted transition towards democracy (1975–78), the Spanish Constitution was enacted in December 1978. This article starts with the events which led to the Civil War (1936–39) and studies the relationship between the Spanish state and the Catholic Church throughout Franco's dictatorship. This background is necessary for a proper understanding of the current legal framework on religion, which is the main aim of this article. In the light of the pronouncements of the Spanish Constitutional Court (SCC), I analyse the various paragraphs of Article 16 of the Constitution, especially with regard to the position of individuals and communities. I also deal with the relationship between religious freedom and ideological freedom. I offer a critical judgment on the position of the Catholic Church and the other religious denominations which concluded agreements with the Spanish state in 1992. Finally, I highlight current trends, particularly the difficult relationship between the socialist government and the Catholic Church in the last few years. Although the situation had significantly improved by 2007, there are still occasions on which tension between the two institutions is manifest.

BOOK REVIEWSBOOK REVIEWSKwiatkowskaBarbaraDrAssociate Director, Netherlands Institute for the Law of the Sea051990371111116RosenneS., SohnL.B., eds., United Nations Convention on the Law of the Sea 1982. A Commentary, Vol. V, NordquistM.H., Editor-in-Chief, M. Nijhoff Publ., Dordrecht 1989, 497 pp. + Index, Dfl. 295/$165/£95.Copyright © T.M.C. Asser Press 19901990T.M.C. Asser PresspdfS0165070X00002813a.pdfdispartBook Reviews1.Vol. I of the series containing the text of the Convention and

BOOK REVIEWSBOOK REVIEWSKwiatkowskaBarbaraDrAssociate Director, Netherlands Institute for the Law of the Sea051990371111116RosenneS., SohnL.B., eds., United Nations Convention on the Law of the Sea 1982. A Commentary, Vol. V, NordquistM.H., Editor-in-Chief, M. Nijhoff Publ., Dordrecht 1989, 497 pp. + Index, Dfl. 295/$165/£95.Copyright © T.M.C. Asser Press 19901990T.M.C. Asser PresspdfS0165070X00002813a.pdfdispartBook Reviews1.Vol. I of the series containing the text of the Convention and