Possible International Forums for the Resolution of Legal Conflicts Over Pipeline Transit in the Former Soviet Union

2001 ◽  
Vol 14 (2) ◽  
pp. 445-454
Author(s):  
Timur Sinuraya
Keyword(s):  
Soviet Union ◽  
International Law ◽  
Former Soviet Union ◽  
Oil And Gas ◽  
The Novel ◽  
Public International Law ◽  
Legal Challenges ◽  
Energy Charter Treaty ◽  
Oil And Gas Resources ◽  
Former Ussr

The development of the former USSR oil and gas resources presents considerable political and legal challenges, such as intergovernmental agreements, delimitation of borders, and jurisdiction over the energy resources (e.g., Caspian basin). In this respect the pipeline transportation and transit have become increasingly important issues. In view of Article 7 of the Energy Charter Treaty, the novel public international law obligation of states to facilitate and not to impede the transport of energy through pipelines, this article will briefly consider the possible international forums for the resolution of legal conflicts over pipeline transit in the former Soviet Union.

scholarly journals Energy Export Potential in the Caspian Region and Its Impact on EU Energy Security

2017 ◽  
Vol 25 (2) ◽  
pp. 127
Author(s):  
Aigerim Ibrayeva ◽  
Raikhan Tashtemkhanova ◽  
Aigerim Ospanova ◽  
Baubek Somzhurek ◽  
Aiman Azmukhanova
Keyword(s):  
Soviet Union ◽  
Middle East ◽  
Energy Security ◽  
Former Soviet Union ◽  
Oil And Gas ◽  
Caspian Region ◽  
The North ◽  
World Energy ◽  
Oil And Gas Resources ◽  
The Eu

Energy security has emerged in recent years as one of the cornerstones of the European Union’s (EU’s) foreign policy. The EU is highly dependent on imports of oil and gas, 35 per cent of which comes from Russia. Diversification of energy supplies is thus a key goal for the EU. The Caspian region contains some of the largest undeveloped oil and gas reserves in the world. The intense interest shown by the major international oil and gas companies testifies to its potential. Although the area is unlikely to become “another Middle East”, it could become a major oil supplier at the margin, much as the North Sea is today. As such it could help increase world energy security by diversifying global sources of supply. Development of the region’s resources still faces considerable obstacles. This study focuses on the countries along the southern rim of the former Soviet Union that are endowed with significant oil and gas resources: Kazakhstan, Turkmenistan and Uzbekistan in Central Asia, and Azerbaijan in Transcaucasia. The Southern Energy Corridor (SEC), which aims to link Caspian Basin and potentially Middle East gas supplies to Europe, is one of the EU’s six priority axes of energy infrastructures. Drawing on the external governance literature, this article provides an analysis of the EU’s efforts in the wider Black Sea area to increase its energy security. It concludes that despite difficult domestic and geopolitical obstacles, the EU is pushing forward its objective to establish the SEC.

scholarly journals Systematization of private international law in Ukraine and foreign countries: present state and tendencies

2020 ◽  
Vol 3 ◽  
pp. 122-128
Author(s):  
Mykola Lazarenko
Keyword(s):  
European Union ◽  
Soviet Union ◽  
International Law ◽  
Present State ◽  
Former Soviet Union ◽  
Private International Law ◽  
Legal Analysis ◽  
The European Union ◽  
Foreign Countries

Systematization of private international law in Ukraine and foreign countries: present state and tendencies.The article deals with the comparative legal analysis of the systematization of the statutory provisions of private international law in the countries of the European Union and some countries of the former Soviet Union. The main arguments regarding different approaches to the systematization of private international law in Ukraine are outlined, as well as the main directions and tendencies of the codification processes of legislation in this area.

scholarly journals Mechanisms of public administration in post-soviet societies

2021 ◽  
Vol 5 (S2) ◽  
pp. 354-365
Author(s):  
Sergii A. Vavreniuk ◽  
Oleksandr M. Nepomnyashchyy ◽  
Oleksandra A. Marusheva ◽  
Iryna A. Lahunova ◽  
Svitlana M. Shostak
Keyword(s):  
Soviet Union ◽  
Public Administration ◽  
Former Soviet Union ◽  
Distinctive Features ◽  
Current State ◽  
Independent States ◽  
Modernization Process ◽  
Former Ussr ◽  
Newly Independent States

This article focuses on the problem of public administration in the countries of the former Soviet Union. It reveals the economic development issues of the states of the post-Soviet space, considers the main common and distinctive features for the newly independent states. The central problem raised in the article is the determination of the current state of the modernization process in post-Soviet societies. The author assumes the presence of demodernization and presents an argument in confirming his opinion. In addition, the article reveals the issues of the modern political state of such countries of the former USSR as Russia, Ukraine and Uzbekistan. The author traces the process of demodernization and dependence of political and social development on the governing elitist groups, leading to authoritarianism as opposed to the supposed democracy and modernization.

scholarly journals China’s “One Belt, One Road Initiative”: challenges and requirements for its successful implementation in Central Asia

2017 ◽  
pp. 127-138
Author(s):  
Francisco Gómez Martos
Keyword(s):  
Soviet Union ◽  
Natural Resources ◽  
Central Asia ◽  
Former Soviet Union ◽  
Oil And Gas ◽  
Regional Cooperation ◽  
Successful Implementation ◽  
Trade Integration ◽  
The European Union ◽  
Intergovernmental Cooperation

Twenty five years after the dissolution of the former Soviet Union and the reemergence of the Central Asian Republics as independent States, this region continues to be the scene of rivalries amongst the big powers (Russia, China, the European Union, USA, India, Japan, Turkey and Iran) competing in a sort of a “new Grand Game” to increase their geopolitical and economic influence in the region. Its geography, diverse and rich natural resources, like oil and gas, explain the ongoing hidden rivalries. Despite its common historical and cultural past, Central Asia constitutes a heterogeneous region with a multiethnic and multi-linguistic composition and a low degree of physical, economic and trade integration. The lack of mutual trust, the persisting tension over borders and the use and sharing of natural resources, as well as different levels of economic performance have so far jeopardized the development of genuine regional cooperation. Against this background, the idea behind the Chinese OBOR Initiative to develop rapid transportation, if well implemented, could theoretically, by improving interregional connectivity, develop the Central Asia regional market and foster intergovernmental cooperation and people-to-people contacts within the region. In this context, could we expect that the ambitious Chinese OBOR Initiative will boost geopolitical stability and promote shared economic and trade benefits in Central Asia? What are the conditions for that need to be fulfilled?The author analyzes in depth certain crucial political, economic and institutional requirements for the successful implementation of the OBOR Strategy and concludes, however, that three years after the launching of this crucial instrument of the Chinese “globalization without democracy” model, its implementation faces major problems and thus raises more doubts than certainties.

Ethno-Separatism and its Prospects

2011 ◽  
pp. 32-42
Author(s):  
O. Bolotnikova
Keyword(s):  
Soviet Union ◽  
International Law ◽  
Former Soviet Union ◽  
Western Europe ◽  
Self Determination ◽  
Ethnic Conflicts ◽  
Territorial Integrity

The author explores the phenomenon of today's ethnic conflicts which are less frequently turning into the wars between states. The author uses the cases of the countries of former Soviet Union, Western Europe, Africa in order to examine important aspects of the ethnic conflicts settlement. It is concluded that the heart of the problems is the correlation between two fundamental principles of the international law (usually regarded as antagonists in terms of the settlement of such conflicts). Namely, these are the principle of states’ territorial integrity and the principle of peoples’ right to self-determination.

To the 44th anniversary of the first in Ukraine and the former USSR reimplantation of the upper limb after its complete traumatic amputation

2021 ◽  
Vol 2021 (2) ◽  
pp. 33-39
Author(s):  
V.G. Rindenko ◽  
◽  
V.V. Krasnobai ◽  
Keyword(s):  
Soviet Union ◽  
Upper Limb ◽  
Former Soviet Union ◽  
Traumatic Amputation ◽  
Former Ussr ◽  
Further Development

This work is a tribute to the 44th Anniversary of the first in Ukraine and the former Soviet Union reimplantation of the upper limb after its complete traumatic amputation and impact of the case on further development of microsurgery and replantology in the USSR

Trends in Global Oil Investments Over the Past 20 Years

2021 ◽  
pp. 34-49
Author(s):  
Ekaterina Shirobokova ◽  
Fe Amor Parel Gudmundsson
Keyword(s):  
Developing Countries ◽  
Soviet Union ◽  
Former Soviet Union ◽  
Supply And Demand ◽  
Energy Resource ◽  
Modern Society ◽  
Developed Countries ◽  
Oil Demand ◽  
Former Ussr ◽  
The Relationship

Today, energy is an irreplaceable resource without which it is impossible to imagine the life of modern society. Oil, as the most important energy resource, has a significant impact on both individual economies and the world economy. The main objective of this chapter is to identify the relationship between oil supply and oil demand of developed and developing countries on the example of OECD and Former Soviet Union countries. The changes that took place in supply and demand in the oil market from 2000 to 2020 are investigated. The chapter uses graphic and mathematical analysis. It is clear with a fair amount of confidence that the oil demand in developed countries is higher than their supply, and the supply of oil in developing countries is rather more than demand. Also, the chapter draws attention to investments in the oil industry, including on the example of Russia as a former USSR country, analyzes their current state, and draws appropriate conclusions.

Taxation Measures under the Energy Charter Treaty after the Yukos Awards Articles 21(1) and 21(5) Revisited

2019 ◽  
Vol 34 (1) ◽  
pp. 85-106
Author(s):  
Sebastián Green Martínez
Keyword(s):  
International Law ◽  
The State ◽  
Foreign Investor ◽  
Sovereign Power ◽  
Bad Faith ◽  
Public International Law ◽  
Host State ◽  
General Revenue ◽  
Energy Charter Treaty ◽  
Bona Fide

Abstract As the number of investment arbitrations under the Energy Charter Treaty has soared in recent years, parties and arbitrators have faced arguments concerning its Article 21 on taxation measures, which had seldom been applied before. In 2014, the tribunal ruling on the Yukos trilogy held that even though Article 21 excludes taxation from the scope of the treaty, the carve-out could apply “only to bona fide taxation actions, i.e., actions that are motivated by the purpose of raising general revenue for the State”. Article 21 also provides that in cases regarding expropriation “[t]he Investor or the Contracting Party alleging expropriation shall refer the issue of whether the tax is an expropriation or whether the tax is discriminatory to the relevant Competent Tax Authority. Failing such referral by the Investor” in cases of investor-state arbitration, the tribunal “shall make a referral to the relevant Competent Tax Authorities”. The Yukos tribunal considered said referral to be a futile exercise when it is unequivocal that the host State acted in bad faith towards the foreign investor. As a consequence of the Yukos trilogy, the Energy Charter Secretariat has published a report on the issue that recommends potential amendments to clarify Article 21. A number of investor-state arbitral tribunals have also addressed these issues since the Yukos trilogy. Taking a public international law approach, this article critically explores awards and decisions rendered by those tribunals, paying particular attention to their findings on Article 21 vis-à-vis the sovereign power to tax. This article concludes that recent awards dealing with Article 21 arguments have struck an appropriate balance between the prerogatives of States and their obligations under the Energy Charter Treaty. Thus, the article affirms that no amendment seems necessary.

The Caspian Sea: Quest for a New Legal Regime

1996 ◽  
Vol 9 (1) ◽  
pp. 87-98 ◽  
Author(s):  
Sergei Vinogradov ◽  
Patricia Wouters
Keyword(s):  
Soviet Union ◽  
Natural Resources ◽  
Caspian Sea ◽  
Former Soviet Union ◽  
Legal Regime ◽  
The Caspian Sea ◽  
Former Ussr

One of the most controversial contests over the allocation of shared natural resources is now being waged by four former Soviet Union republics (Azerbaijan, Kazakhstan, Russia, and Turkmenistan) and Iran over the riches of the Caspian Sea. The bilateral regime established by the former USSR and Iran governing the Caspian Sea, though technically still existing today, is inadequate to deal with the present-day complex issues of the use and allocation of natural resources. The situation is aggravated by unilateral claims of the states bordering the Sea. Although the coastal states are currently discussing how the regime of the Caspian Sea might be resolved, the issue is not yet settled and the positions of the parties remain divergent.

Sign in / Sign up

Export Citation Format

Share Document