Cross-Border Oil and Gas Pipelines in International Law

The paper provides an overview of different legal regimes and regulatory approaches related to the construction and operation of cross-border oil and gas pipelines. First, it analyses regional multilateral framework instruments and arrangements which determine the international legal regime of cross-border pipelines. Then some general legal principles, rules and enforcement mechanisms contained in multilateral agreements such as the United Nations Convention on the Law of the Sea and the Energy Charter Treaty are discussed. Relevant legal instruments of the European Union, which offer a set of norms applicable to cross-border petroleum transport, transit and infrastructure, will also be considered, as well as relevant environmental regulations and some human rights related instruments, which may affect cross-border pipeline projects. Although each cross-border pipeline project has its own legal regime, some typical models will be identified on the basis of pertinent State practice. It can be said that international law governing cross-border pipelines is becoming increasingly complex and diverse. This paper will emphasise the important role public international law is destined to play in the context of constructing more harmonised and coherent legal regimes governing cross-border pipeline construction and operation.