The Transit of Goods in Public International Law

Copyright

Dedication

Contents

Preface

Acknowledgements

Abbreviations

Part 1: Transit in International Trade: First Approach to the Concept

1 Transit of Goods within the International Economic Legal System

I Notion of “International Economic Law”

II Definition of “Goods”

III Introduction to the Concept of Transit: Meaning of Traffic Transit

IV Main Concerns about Goods in Transit

V Conclusions

2 Transit in the History of Foreign Trade

Part 2: Concept of Transit in the Various Fields of Law

3 Multilateral and Plurilateral Agreements

I Barcelona Convention and Statute on Freedom of Transit, 1921

A Origins of the Conference of Barcelona, 1921

B Object and Scope of Application of the Barcelona Convention, 1921

C Statute of the 1921 Barcelona Convention

D Conclusions

II Chicago Convention, 1944

A Notion and History of Air Law

B Object and Scope of Application

C Sovereignty in the Air

D Freedoms of the Air

III General Agreement on Tariffs and Trade (GATT), 1947: Art. V

A Origin of the Freedom of Transit under gatt 1947

B Object and Scope of Application

C Interpretation of Art. V GATT 1994 by the Panel

D Art. V GATT 1994 and the “Production Fiction” Theory

E Conclusions

IV un Convention on Transit Trade of Land-Locked States, New York, 1965

A Introduction

B Object and Scope of Application

C Freedom of Transit under the New York Convention

D Limits to the Freedom of Transit

E Transit Trade: An Imperfect Right?

F Conclusions

V United Nations Convention on the Law of the Sea, 1982

A Evolution of Transit in the History of the Law of the Sea

B Right of Transit Passage

C Right of Innocent Passage

D Freedom of Transit for Landlocked States

VI Energy Charter Treaty, 1994

A Introduction

B The Transit Provision: Art. 7 ECT

C Challenges of Energy Transit in International Law

D Conclusions

4 Regional and Bilateral Agreements

Part 3: Transit of Goods in Public International Law – The Doha Round Negotiations on Trade Facilitation: Challenges (I)

5 Introduction to the Doha Round Negotiations on Trade Facilitation Concerning Freedom of Transit

6 The WTO Trade Facilitation Agreement (TFA)

I The “Freedom of Transit” Provision of the tfa and its Relationship with the gatt 1994 and the ECT

II Implementation of the tfa within the wto Agreement

7 Implications

Part 4: Legal Status and Implementation of Transit: Challenges (II)

8 Transit - Difference of Legal Concepts: Freedom of Transit (of goods) vs. Right of Transit (of goods)

9 Legal Status of Transit

I Transit as Customary International Law

A Introduction to Customary International Law Concerning Transit

B Elements of Transit as Customary International Law: State Practice and Opinio Juris

II Right of Transit as a Conditional Right

10 Definition, Qualification and Implementation of Transit

11 Implications

Prospect and Conclusion

Bibliography and Case Law

Index