International Energy Governance
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International Energy Governance

Selected Legal Issues

Rafael Leal-Arcas, Andrew Filis and Ehab S. Abu Gosh

The legal aspects at the junction of interstate energy cooperation have become increasingly important in a world that is hungry for energy security. This book focuses on selected legal issues relating to international energy governance. International law as it stands today is not well equipped to handle international energy governance issues fully. This legal deficiency affects energy security negatively. If the currently fragmented and multi-layered international energy governance regime were streamlined for greater legal cohesiveness and international political and economic cooperation, it would promote energy security. Some chapters of the book take a broader view on interstate energy cooperation, such as energy transit, energy market liberalization and energy investment. Others focus on specific areas of such cooperation, such as trade and energy; trade, environment and energy; and energy exploration and maritime delimitation disputes. The book also presents an analysis of European Union energy governance and renewable energy.
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Chapter 6: The EU and its systemic relationship to the Energy Community and the Energy Charter Treaty

Rafael Leal-Arcas, Andrew Filis and Ehab S. Abu Gosh


This chapter relates to European Union (EU) energy security and two special and important multilateral regimes (namely the Energy Charter Treaty (ECT) and the Energy Community (EnC)) regarding the promotion of EU energy security interests at the extra-EU level. EU energy security often takes place through the propagation of energy-related norms among third-party States via, among other things, hard-law means (e.g., international legal agreements). In this context, we home in on the normative frameworks in relation to the ECT and the Energy Community Treaty (EnCT), examine their systemic relationship to the EU, and offer an account of their respective dispute settlement arrangements. The EU is, for its most part, dependent on the world outside its borders for a steady and secure energy supply. The EU borders, or is close to, areas rich in energy-related natural resource endowments – such as Russia, the Caspian Sea, the Middle East and North Africa regions, and Norway – from where the bulk of energy imports into the EU are sourced. The collapse of the Soviet Union and of the bureaucratic regimes in Central and Eastern Europe – which precipitated the opening up of those economies to globalization and its attendant processes – has increasingly made their energy-related natural resource endowments available on global markets. Developed, yet energy-poor, Western economies – many of which have galvanized behind the EU – saw opportunities to enhance their energy security through those economies on the brink of collapse.

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