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The Energy Community and the Energy Charter Treaty: Special Legal Regimes, their Systemic Relationship to the EU, and their Dispute Settlement Arrangements

Oil, Gas & Energy Law Journal, Vol. 12, Issue 2, pp. 1-42, 2014

43 Pages Posted: 29 May 2014  

Rafael Leal-Arcas

Queen Mary University of London - School of Law

Andrew Filis

previously associated to QMUL

Date Written: May 28, 2014

Abstract

The European Union (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. To that end, the EU has sought to entangle those energy-rich (or otherwise ‘energy-significant’ states, e.g., regarding energy transit) areas into multilateral regimes – such as those based on the Energy Charter Treaty and the Energy Community. While both these special regimes count among their numbers several parties that are not EU member states, they are not neutral in their ontology, given that these regimes, since their inception, are inherently linked to the energy interests of EU economies. The present paper presents an analysis of these regimes, and their systemic relationship to the EU, along with a special focus on their dispute settlement arrangements. Furthermore, we refer to certain aspects of the meta-normative framework at the international law level that may be applicable to normative conflicts that often arise in pluralistic international law settings.

Keywords: Energy Charter Treaty, Energy Community, European Union, EU energy security, EU energy policy, dispute settlement, normative conflicts, fragmentation of international law, meta-norms, treaty interpretation

JEL Classification: Q40, Q41, Q43, Q48, K33, N50

Suggested Citation

Leal-Arcas, Rafael and Filis, Andrew, The Energy Community and the Energy Charter Treaty: Special Legal Regimes, their Systemic Relationship to the EU, and their Dispute Settlement Arrangements (May 28, 2014). Oil, Gas & Energy Law Journal, Vol. 12, Issue 2, pp. 1-42, 2014. Available at SSRN: https://ssrn.com/abstract=2443251

Rafael Leal-Arcas (Contact Author)

Queen Mary University of London - School of Law ( email )

67-69 Lincoln’s Inn Fields
London, WC2A 3JB
United Kingdom

HOME PAGE: http://www.ccls.qmul.ac.uk/staff/lealarcas.html

Andrew Filis

previously associated to QMUL ( email )

London, London
United Kingdom

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