172
challenge is, however, how to reconcile water uses between the food, energy, and
water sectors and in line with the principle of equitable and reasonable utilization to
achieve benefits, capitalize synergies and address trade-offs. This requires close collaboration between watercourse States as well as the identification of community
interests and the mutual benefits of cooperation. Watercourse States should be able
to negotiate and enter into mutual gain agreements in order to develop joint opportunities in the management of international watercourses (Grzybowski et al. 2010).
The nexus assessment methodology contained in the UNECE presents a promising
path to support States in achieving the objectives of the nexus approach within the
context of international water law.
6.4 International Energy Law
6.4.1 Main Characteristics
Energy law address a variety of issues, including resources. Regulating markets and
energy efficiency as well as on ensuring security of supply, i.e., the uninterrupted
availability of affordable energy. The importance of resources is captured in one
definition of energy law as the ‘allocation of rights and duties concerning the exploitation of all energy resources between individuals, between individuals and the government, between governments and between States’ (Bradbrook 1996, p. 194).
The sovereignty over and the exploitation of energy resources has traditionally
been a national matter and subject to strong national protection. The permanent
sovereignty over natural resources was established by United Nations General
Assembly Resolution 1803 (XVII) in 1962 (Declaration on Permanent Sovereignty
over Natural Resources). Furthermore, issues such as energy security and energy
efficiency have commonly been regulated nationally and subjected to strong national
control. Therefore, the traditional legal approach to energy has also been national or
subnational, not international.
In parallel with the national development of energy law, the growing internationalization of trade in energy (see Sect. 7.4) has resulted in the internationalization of
energy law and growing international energy governance. This body of legal norms
is not, however, a clearly distinguishable area of law but a rather fragmented array
of customary, regional, national and international rules that borrow well-established
concepts from international investment law, international trade law, and international environmental law and contract law, just to name a few sources (Talus 2014).
A limited number of sector-specific international legal instruments directly
address energy, of which the Energy Charter Treaty (ECT) is globally the most
well- known. As noted above (see Sect. 6.2.3), the ECT is a multilateral trade treaty,
the purpose of which is to promote long-term cooperation in the energy sector
(Article 2 of ECT). In common with the vast majority of contemporary energy trade,
it relies on open and competitive markets to ensure the objectives of energy security,
A. Belinskij et al.
challenge is, however, how to reconcile water uses between the food, energy, and
water sectors and in line with the principle of equitable and reasonable utilization to
achieve benefits, capitalize synergies and address trade-offs. This requires close collaboration between watercourse States as well as the identification of community
interests and the mutual benefits of cooperation. Watercourse States should be able
to negotiate and enter into mutual gain agreements in order to develop joint opportunities in the management of international watercourses (Grzybowski et al. 2010).
The nexus assessment methodology contained in the UNECE presents a promising
path to support States in achieving the objectives of the nexus approach within the
context of international water law.
6.4 International Energy Law
6.4.1 Main Characteristics
Energy law address a variety of issues, including resources. Regulating markets and
energy efficiency as well as on ensuring security of supply, i.e., the uninterrupted
availability of affordable energy. The importance of resources is captured in one
definition of energy law as the ‘allocation of rights and duties concerning the exploitation of all energy resources between individuals, between individuals and the government, between governments and between States’ (Bradbrook 1996, p. 194).
The sovereignty over and the exploitation of energy resources has traditionally
been a national matter and subject to strong national protection. The permanent
sovereignty over natural resources was established by United Nations General
Assembly Resolution 1803 (XVII) in 1962 (Declaration on Permanent Sovereignty
over Natural Resources). Furthermore, issues such as energy security and energy
efficiency have commonly been regulated nationally and subjected to strong national
control. Therefore, the traditional legal approach to energy has also been national or
subnational, not international.
In parallel with the national development of energy law, the growing internationalization of trade in energy (see Sect. 7.4) has resulted in the internationalization of
energy law and growing international energy governance. This body of legal norms
is not, however, a clearly distinguishable area of law but a rather fragmented array
of customary, regional, national and international rules that borrow well-established
concepts from international investment law, international trade law, and international environmental law and contract law, just to name a few sources (Talus 2014).
A limited number of sector-specific international legal instruments directly
address energy, of which the Energy Charter Treaty (ECT) is globally the most
well- known. As noted above (see Sect. 6.2.3), the ECT is a multilateral trade treaty,
the purpose of which is to promote long-term cooperation in the energy sector
(Article 2 of ECT). In common with the vast majority of contemporary energy trade,
it relies on open and competitive markets to ensure the objectives of energy security,
A. Belinskij et al.