I gladly comply with Vitaliy Pogoretskyy’s request to write a foreword by way of introduction to his book, which I previously read in the form of a PhD thesis as an external examiner. This book addresses the very contentious subject of the freedom of gas transit and access to gas pipe- line networks, which is not sufficiently explored, and, at first glance, may seem exceedingly technical and complex. Dr Pogoretskyy’s presentation of this subject, however, is both interesting and highly thought- provoking, addressing many issues relevant to regulatory authorities, WTO lawyers, energy analysts and generalists in the field of public international law. Energy security, sustainable development, the right of access to the sea for land-locked countries and the risk of the frag- mentation of international law are among the topical issues discussed.
Only a handful of WTO rules directly regulates the issue of access to energy networks, including for purposes of gas transit. These rules are not located in the multilateral agreements on trade in goods. They can be found mainly in the positive commitments on trade in services, or in the accession commitments of a few individual WTO Members. Does this mean that the issue of gas transit, which is highly network-dependent, is of little concern to the WTO? Does this issue fall within the realm of WTO provisions regulating trade in goods, services or both? Similar questions can be asked with regard to other areas of network- dependent trade. Dr Pogoretskyy’s book examines these questions by providing a comprehensive and original analysis of all major WTO provisions directly and indirectly relevant to the subject of gas transit.