Research On The Transit Mechanisms Of The Energy Charter Treaty

In the new momentum of global economy development, The new diplomatic ofenergy will be started by the countries. The Energy Charter Treaty play an irreplaceablerole to ensure the orderly development of the market of international energy. Currently,in the international energy market, the Energy Charter Treaty is the multilateralagreement that can check all the parties concerned. It has certain legal meaning. At thesame time, in order to provide a legal basis for the opening international energy market,the Energy Charter Treaty cover all of the energy value chain link, for energyinvestment, energy, energy transit trade provides the necessary legal protection. It is animportant achievement of international regulations on energy issues, it occupies animportant position in the legal system. The dispute settlement mechanism is thefoundation of the treaty, it shows in two forms: states parties and investors program andstates program and two forms, forming an organic link of the whole. Dispute typesincluding energy investment disputes, energy trade disputes, energy transit disputes andenvironmental disputes and competition. One of the most innovative of the EnergyCharter Treaty is the transit dispute settlement procedures, the establishment have thehistory and reality basis. The energy charter treaty and the seventh paragraph of article7of the border dispute adjustment behavior rules constitute the main content of thedispute settlement mechanism of the transit, this paper focuses on this part for thispaper.This article mainly discusses the background of the Energy Charter Treaty, thelegal framework of the Energy Charter Treaty, contents、annexes and agreement relatedto the transit of the Energy Charter Treaty. The energy transit system of the EnergyCharter Treaty is the most important part of the article. And affirming the positive rolethat the Energy Charter Treaty played on current international energy competition, atthe same time，for the weaknesses of the system put forward some proposals.Specifically, at first, I briefly introduce the background of the Energy Charter Treaty,the legal framework, related institutional arrangements, and the definition of energytransit. Secondly, in the second part of the article, I highlight the specific content ofenergy transit under the Energy Charter Treaty, including the principle of energy transit and the rights and obligations of the parties concerned. Thirdly, in the third part,I analyzed the specific contents of the border dispute settlement mechanism of theEnergy Charter Treaty, including the mechanism, the characteristics, the deficienciesand the improvement Suggestions. Finally, in the fourth part I analyze the presentsituation of China’s energy, the advantages and disadvantages of China’s accession tothe Energy Charter Treaty and the countermeasures for the China’s entry.