Selected Legal Issues
This book deals with selected legal issues relating to interstate systems of energy governance. In this respect, the systems within scope are both institutional and normative frameworks, and, as is often the case, it is their interplay that provides levels of governance. International law as it stands today is not well equipped to handle interstate energy governance issues fully. This legal deficiency affects energy security negatively. If the currently fragmented and multi-layered interstate energy governance regime were streamlined for greater legal cohesiveness and international political and economic cooperation, it would promote energy security. Before referring to the structure of our book, we would like to refer to the general premise that underpins our thinking about interstate energy governance. Energy ‘governance’ at the ‘interstate’ level takes place in a manner that is ‘fragmented’. In this context, ‘governance’ could refer to any instance of interstate cooperation ranging from ad hoc to institutionalized, one-off to on-going, binding to voluntary, etc. When we bring in the notion of ‘energy’, governance could be taking place along different areas of interstate cooperation that are ostensibly (e.g., energy transit, energy market liberalization, energy exploration, et cetera) or incidentally (e.g., including trade, investment, environmental protection) linked to energy. Moreover, this governance could be taking place in a manner that is not universal, co-extensive, or coherent. For instance, while there is some interstate cooperation pertaining to energy investments, this is merely ‘cooperation’ or governance arising from the various interstate agreements that include norms relevant to energy investments, and which again is governance that is not necessarily relevant to all states concerned. For instance, while the Energy Charter Treaty contains energy investment protection norms and is a significant element of the interstate energy governance system, its normative scope is far from universal.