| The Energy Charter Treaty (ECT) is currently the only multilateral agreement in international energy market that can only contain the parties conduct. It covers widely, including all of the energy value chain link, providing the necessary legal protection for the multilateral energy diplomacy for each country to establish a unified, open and orderly operation of the international energy market. It is facing the important achievement of the regulation of energy issues in international law and has a pivotal position in the international energy law system. One of the most striking innovation is the transit mechanism of the Energy Charter Treaty.Based on the analysis of Energy Charter Treaty and its legal status, we focus on the basic provisions of the Energy Charter Treaty for energy transit dispute settlement mechanism, including energy in transit transport and transit dispute settlement three basic principles which should be in the process of the relationship between the scope and the combination of ECT the provisions of energy transit dispute settlement procedures and the provisions of each other, in order for the ECT energy transit dispute settlement procedures in theory to form a complete system. The Energy Charter Treaty border dispute settlement mechanism because of its unique innovation, prevention and fast and concerned by the international community. However, the dispute settlement mechanism will undoubtedly have certain limitations. In this paper, Russia and Ukraine gas crisis grudge are as an example, to explore the ECT energy transit dispute and to solve the problems which exist in the practice of the mechanism, in the light of these problems, analyzes the dispute reform scheme to solve the problem of the different mechanisms. Finally, through the analysis of China's energy transit situation, I explore the influence and enlightenment of the ECT transit dispute settlement mechanism to our country under the background of energy and investment liberalization... |
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