Occasional Papers - Energy Charter

List of Occasional Papers

Energy Infrastructure Investments in East Africa and the Relevance of the Energy Charter Treaty: The rapid development of regional energy infrastructure is necessary to achieve economic development and growth in East Africa. This paper examines the role of the International Energy Charter and the Energy Charter Treaty (ECT) process in facilitating investments in energy infrastructure in East Africa. The paper highlights major renewable and conventional energy projects in Kenya, Uganda and Tanzania that have regional implications.
Chinese Perspectives on the Modernisation of the ECT: This research paper is conducted as part of the Chinese perspective on the consultation process to modernise the Energy Charter Treaty (ECT). The key task of this paper is to critically assess and analyse as to whether the topics listed in CCDEC2017 23 are of special relevance for China in light of the country’s potential accession to the ECT, and to further identify as to which benefits accession to the ECT would bring to China.
The Common Energy Market of the Eurasian Economic Union: Implications for the European Union and the role of the Energy Charter Treaty: The Eurasian Economic Union (EAEU) is often compared to the project of the European Union (EU). While one of the most common comparisons is the institutional structure of the EAEU, another important point of resemblance when noting the development of the Eurasian integration is its energy component. Russia stresses the security of demand as one of the primary issues of its national security and energy plays an important role in the country’s external relations, while for other EAEU members the security of supply makes an important part of their economic prosperity. Similar to the EU, where energy became one of the driving forces behind the European integration, the initiative of a common energy market can play its role in the process of Eurasian integration. If created, the EAEU energy market would be one of the largest energy markets in the world. Strategically located, it would comprise a population of about 182 million and represent resources-rich countries, which collectively posses 14.6 % of the world’s oil and 17.3% of its natural gas production.
The Philippines - On The Path Towards Integration Into The Global Energy Markets: The Role Of The Energy Charter Treaty: In 2007, the Philippines had expressed its interest in signing the European Energy Charter of 1991. Nonetheless, for some years the signing process has not moved forward due to bureaucratic obstacles and, in one instance, due to the resignation of officials. This paper aims to show that pursuing the signing process – and in effect retaining its observer status to the Energy Charter Conference – would be beneficial to the Philippines. Furthermore, it will also be argued that acceding to the Energy Charter Treaty would be very advantageous for the country.
A Rule-Based Architecture for the Energy Sector: The WTO and the ECT: This paper discusses the role of the WTO and the ECT in the legal architecture regulating energy trade. It advocates that both legal institutions serve as vital tools to global energy governance in a rapidly changing trading landscape riddled with fragmentation. While both the WTO and ECT are treaty-based regimes, the WTO is a broad trade framework regulating trade in all goods and services of its Members, whereas the ECT is a specialised regime regulating trade and investment in the energy sector.
Energy in the East African Community: the role of the Energy Charter Treaty: Modern energy is essential for socio-economic development, and such investments in the energy sector are crucial in realizing universal energy access in Africa. In this regard, the East African Community (EAC) has embraced regional cooperation as a means of developing regional markets and also as a means of attracting more energy investments in East Africa.
The Role of the Energy Charter in Promoting Electricity Cooperation in the South Caucasus: The aim of this paper is to analyse the existing potential conditions and economic opportunities for regional electricity cooperation in the South Caucasus, and to work out policy recommendations on a potential technical Task Force to help achieve such cooperation. The paper is structured in three main chapters.
Pre-assessment Report of the Mozambican Energy Sector: This report provides an overview of the Mozambican energy sector. The report presents national reforms against the core principles embodied in the International Energy Charter and the Energy Charter Treaty: security of supply and universal energy access, open and sustainable markets, national sovereignty, regional market integration, regulatory stability and predictability, research and technology transfer, and international cooperation.
Towards a Cooperative Framework for a China-Central Asia Energy Transit Community: Energy Cooperation between China and Central Asian countries is underpinned by strong economic rationale and institutional foundations. China should promote the establishment of a China-Central Asia energy community, particularly an energy transit community, in light of China’s recent advocacy of the "One Belt One Road" scheme. Due to the complexity of energy transit cooperation in the multistakeholder, multi-level and multi-policy dimensions, legal issues in energy transit regulation are intertwined with political, economic and social issues at both the inter- and intra-national level.
Regional Electricity Cooperation in the South Caucasus: This occasional paper addresses major developments in cross-border electricity cooperation in the South Caucasus. The position of the South Caucasus, at a crossroads between the emerging Eurasian and European electricity markets, offers lucrative opportunities for cross-border trade and provides incentives for restoring the single transmission network that used to serve the countries of the region before the collapse of the Soviet Union. This study examines regulatory, economic, and political factors that affect the prospects of a regional electricity market. Accordingly, the paper is organised into three parts, addressing institutional, economic and political developments in the region, and relevant barriers to more in-depth regional cooperation.
Mexico's Energy Sector under the Universal Principles of the 2015 International Energy Charter: Mexico is a leader for Latin America and the gate of North America for the rest of the continent. It has recently embarked on a thorough overhaul of its energy sector implying new constitutional foundations and an extensive development of secondary legislation and regulations.
The ECT and ADR in the context of Investor-State and other Disputes: The furore over the use of ISDS (Investor/State Dispute Settlement) in the US/EU TTIP negotiations has illustrated the increasing distrust by some Governments and NGOs of the use of arbitration in resolving Investor/State disputes. Jean-Claude Junker, the President of the European Commission, has likened arbitral tribunals to “secret courts”. This criticism has also spilled over into domestic arbitration. The New York Times published two critical articles this year accusing arbitration of “stacking the deck of justice” and calling it a “privatisation of the justice system”. The articles went on to level the following complaints against the arbitral process: lack of transparency; private judges; no appeal, no accountability; and opting out of the legal system. This unprecedented attack, whether founded in fact or not, has damaged the public perception of arbitration, not helped by recent high profile corruption allegations involving arbitral tribunals notably in France and Bulgaria.
The Energy Sector of Niger: Perspectives and Opportunities: Niger has significant energy potential, rich and varied, that is weakly exploited. It consists of biomass (firewood and agricultural residues, the main source used by households for cooking), uranium, mineral coal, oil, natural gas, hydroelectricity and solar energy. Despite this rich potential, access to energy is still a challenges for the authorities. Final energy consumption in Niger is estimated at 0.15 toe per capita, one of the lowest in the world. The weakness of this value is mainly due to limited access of Niger's households to modern energy.
Electricity Cooperation Opportunities in the South Caucasus: The Role of Georgia: Following the disintegration of the Soviet Union, the newly independent South Caucasus states experienced an impressive deterioration in the economic and social sectors. Unresolved territorial conflicts such as Nagorno-Karabakh, Abkhazia and South Ossetia, as well as the wider insecurity of the region, have resulted in internal instability and economic depressions. Due to political conflicts, civil opposition and blockades, the South Caucasus region became a challenging area for trade, and this affected all areas of the economy including energy. The energy markets of the South Caucasus states, which were part of the unified Trans-Caucasus energy system during the Soviet era, broke down and energy supply became extremely vulnerable.
Egypt's Energy Sector: Regional Cooperation Outlook and Prospects of Furthering Engagement with the Energy Charter: Egypt's energy sector is currently facing a variety of conflicting and overlapping challenges. This is mainly seen in Egypt's gruelling efforts to strike a balance between production, domestic consumption, and export revenue, while seeking to maintain internal political harmony. Despite the fact that Egypt is the largest non-OPEC oil producer in Africa and the second largest gas producer in the continent, as well as the vital role it plays in regional and global energy markets, the country's energy status throughout the last four years reflects a reversal on all levels.
Non-Pecuniary Remedies under the Energy Charter Treaty: Both pecuniary (i.e., economic compensation) and non-pecuniary (i.e., orders for specific performance) remedies are available to arbitral tribunals instituted under Article 26 of the Energy Charter Treaty (ECT). However, the award has to expressly provide for the Contracting Party to opt to pay monetary damages in lieu of non-pecuniary remedies in cases of Treaty breaches related to acts of sub-national governments or authorities.
Securing Energy Flows from Central Asia to China: Relevance of the Energy Charter Treaty: Since the implementation of the “Reform and Opening-up” policy, over the past three decades, China has maintained a rapid pace of economic growth with an average annual GDP increase of 9.8%. This strong economic performance has very much been underlined by the necessary build-up of accompanying energy infrastructure and the rationalising of energy markets.
Energy Cooperation in Central Europe: Interconnecting the Visegrad Region: When talking about global energy governance, it is important to highlight the fact that this term encompasses the international relations on matters relating to energy, predominantly its production, transit and consumption.
Towards Secure and Sustainable Energy Supply in Central Asia: Electricity Market Reform and Investment Protection: This study focuses on the modernisation of the electricity infrastructure in Central Asia, in particular energy efficiency improvements and clean energy development. The starting point of the analysis is the recognition by the Central Asian states that the modernisation of electricity supply depends on the active participation of private – and in particular foreign – investors in these markets.
Knitting the Fabric of Regional Governance: Unique Model of the Gulf Cooperation Council: Common regional interests and particularly common regional (and, most of the times, global) concerns have been the main drivers of the proliferation of international organisations, at least since the end of World War II. Collective action at the regional level primarily aimed at strengthening links and commonalities among developed and developing countries might be the best framework to describe international relations as we know them today.
South Caucasus Energy Integration: Market Snapshots: Given the ongoing work of the Energy Charter Secretariat on the South Caucasus region, this article gives a snapshot view of the energy markets of the three involved countries. This overview is a starting point for further investigation into the energy policies of Azerbaijan, Armenia, and Georgia, and particularly of the potential role of the Energy Charter in harmonizing policy among the three countries and/or with Europe.
Russia and the Energy Charter Treaty: The Russian Federation signed the European Energy Charter – a political declaration on the development of multilateral international cooperation in the energy sector – in 1991. In 1994 followed the signing of its legally binding framework – the Energy Charter Treaty and the Energy Charter Protocol on Energy Efficiency and Related Environmental Aspects.
Pricing of Electricity Transit in Transition Countries: Given the development of power networks in all energy systems within the Unified Power System of Central Asia (UPS CA), conditions have been created urgently calling for a revision of the existing Electricity Transit Methodology.
Potential Impact of the Energy Charter Treaty on FDI Promotion and Protection in view of Global Trends, Energy Governance and Possible Actions towards ECT Non-Members: This assessment aims to demonstrate that one of the most important provisions of the Energy Charter Treaty is that on investment promotion and protection as well as creation of a stable regulatory framework. These provisions are designed to bring potentially interested public and private investors to countries which have ratified the Treaty.
Exchanges of Business Assets within Investment Activities in the Energy Sector: Key Concepts: Ensuring adequate global energy supply will require significant and timely investment and international cooperation along the entire supply chain. Many national and international energy companies that operate across the borders develop new tactics and strategies to address challenges and to satisfy complex criteria of energy security for both energy consuming and energy producing countries.
Testing the Water for Global Energy Governance Reform: Can the Energy Charter Provide a New Benchmark?: Global energy governance is a topic which has come under increasing levels of scrutiny at the moment. Debates about energy security have become more acute in recent years, giving rise to complex global energy challenges. Concerns which consumer nations once had over access to cheap oil flows have transformed into alarming politicisation of present-day gas supplies.

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