Chapter

Contractual and Treaty Arrangements Supporting Large European Transboundary Pipeline Projects: Can Adequate Human Rights and Environmental Protection Be Secured?

Catherine Redgwell

in Energy Networks and the Law

Published in print February 2012 | ISBN: 9780199645039
Published online May 2012 | e-ISBN: 9780191738647 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199645039.003.0006
Contractual and Treaty Arrangements Supporting Large European Transboundary Pipeline Projects: Can Adequate Human Rights and Environmental Protection Be Secured?

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This chapter analyses the complex interplay of private contractual and treaty arrangements supporting large energy infrastructure projects and the extent to which, and how effectively, these address the environmental and human rights impacts of such projects. A case study approach is adopted, with two examples of transboundary pipeline (TBP) ‘mega-projects’ in particular serving to highlight how human rights and environmental protection is secured through supranational mechanisms. These case studies are the Baku–Tblisi–Ceyhan (BTC) and the Nord Stream pipeline projects. Both are designed to ensure that non-OPEC Russian petroleum is able to access European markets either over land — the BTC pipeline from the Caspian region through Georgia to Turkey — or at sea — the Nord Stream pipeline from Russia to Germany, via the continental shelves of Finland, Sweden, and Denmark. The chapter focuses on how, in response to pressures from a variety of stakeholders, the range of public and private law instruments applicable to the project are brought to bear to secure basic (indeed, inalienable) human rights guarantees and environmental protection.

Keywords: energy infrastructure projects; human rights; transboundary pipelines; Baku–Tblisi–Ceyhan; Nord Stream; Russian petroleum; public law; private law

Chapter.  9153 words. 

Subjects: Environment and Energy Law

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