Contents
Preface and Acknowledgements
Introduction
1 The Argument of This Book
2 Concept and Functions of the European Energy Union
3 Regulation
4 Co-evolution
5 Integration
6 Global Regulatory Law
7 A Holistic View of EU Law
8 Assumptions of Multi-Tiered Regulation, Integration and Global Regulatory Law
9 Literature
10 Scope and Structure of This Book
1 Establishing the European Energy Union
I From the Lisbon Treaty to the Strategy for a European Energy Union
II The Energy Union Strategy: Context
1 Goals
2 Dimensions of Action
III Governance
IV International Cooperation: The External Energy Union
V Regulating Energy in International Law, European Union Law and National Law
1 Public Good Regulation of European and Global Energy
2 Multi-Tiered Regulation, Its Legal Regime and Organising Principles
3 European Energy Strategy in International Law
2 Rules-Based Energy Governance Worldwide: Regulation of Energy in International Law
I Internationalising Energy
1 The Universal Norm of Sustainable Energy
2 Implementing Sustainable Energy in International Law
II Developing Energy-Specific International Law
1 The Energy Charter Treaty: International Energy Regulation
2 The Energy Community: Regional Energy Market Integration
3 International Law for Transnational Energy Purchases and Projects
4 Institutionalised Cooperation in Energy
5 Sovereignty of States over Their Energy Resources and Energy Mix
III The Provision for Energy under the Sectoral Orders of International Laws
1 The Global Economy and Energy
2 Protection of the Environment and Energy
3 The Oceans and Marine Energy
4 Managing Energy Security
5 Development and Human Rights
IV International Regulation of Energy and Its Legal Regime
1 Regulating the Global Energy Cycle
2 The Complex International Legal Regime of Energy
3 The International Rule of Law and Energy
4 International Regulation of Energy and Its Enabling and Constraining Effect for the European Energy Union
3 Realising the European Energy Union in EU Law: Internal and External Regulation of the Energy Cycle
I The Constitutional Boundaries of the European Energy Union
1 EU Energy Policy within the Lisbon Federalism
2 Constraints: Dual-Representative Democracy, the Rule of Law and Fundamental Rights
II Programme, Functions and Trajectory of Regulatory Change
1 The Programme of Regulatory Intervention
2 The Energy Market
3 Secure Energy
4 Renewable Energy
5 Efficient Energy
6 Interconnected Energy Infrastructure
7 Decarbonising the Energy System
8 Energy Innovation
III Constitutional Order of the External European Energy Union
1 Enabling an External EU Policy on Energy
2 Dual Representative Democracy, the Rule of Law and Fundamental Rights as Constraints on External Energy Action
IV Realising the External European Energy Union
1 Programme of External Regulatory Action
2 The External Energy Market
3 Securing External Supply
4 Promoting Renewables, Energy Efficiency and Research
5 Decarbonising the Global and European Energy Systems
V Conclusions
4 The Role of Coordinated Member State Law in a European Energy Union
I Constitutional Guarantee of Autonomous Member State Policy and Law-Making on Energy
II Coordinating Broad Member State Energy Policy
III Member State Law-Making on Energy on the Objectives of Article 194(1) TFEU and the Constraints of the Internal Market and Environmental Protection
1 The Energy Market
2 Security of Supply
3 Renewables
4 Energy Efficiency
5 Infrastructure Development
6 Decarbonisation
IV Member State Treaty-Making on Energy
V Exclusive Competence of the Member States for Their Energy Mix
1 Nuclear Energy and the Internal Market
2 Shale Gas
3 Coal and the Subsidisation of Fossil Fuels
VI Conclusions
5 Regulating Energy through an Integrated Legal Regime: Formation, Normative Questions and Global Regulatory Law
I Forming the Integrated Legal Regime of Energy
1 Responsibility
2 Normativity
3 Unifying Concepts
4 Convergence
II Legitimacy
III Global Regulatory Law
IV Conclusions: European Energy Strategy in International Law
Index