Right of Foreign Nationals and Investors in Access to Energy Grid

Energy grids have not been developed in all countries equally and either transmission and distribution lines have some technical restrictions. After restructuring of energy industry, especially gas and electricity, free access to transmission and distribution grids seems necessary, because it is not affordable to make different grids for each company. Free access to transmission line is related to companies acting in energy section and distribution line is related to consumers. By considering the increase of foreign investment in energy and other sections in recent years, equal treatment is very important by system operator on free access. In spite of that, because of some technical restrictions, equal treatment is not possible and this may lead to breach of international obligation by host states. We are going to answer the question that weather the different treatment on access to energy grids shall be deemed as an international obligation by host state and if NO, how it will be justified.