The report ‘Intergovernmental Agreements and Host Government Agreements on Oil and Gas Pipelines: A Comparison’ was prepared by Ms. Barbara v. Gayling-Westphal as a legal intern at the Energy Charter Secretariat. The report also benefited from discussions held in 2014 and 2015 at the meetings of the Trade and Transit Group, as well as of the Legal Advisory Task Force.
The aim of the report is to present a comprehensive overview of existing legal practices in cross-border pipeline projects in several parts of the world. To this end, the report first identifies 19 core topics of cross-border pipeline agreements. It then evaluates how these topics are incorporated in 17 different cross-border oil and gas pipeline projects as well in the Energy Charter Model Agreements on Cross-Border Pipelines and in the provisions of the draft Transit Protocol. Recommendations are made in view of a possible agreement on common principles or rules on transit and cross-border energy flows in the Energy Charter context.
The report is available in English.