174
6.4.2 Interlinkages to Water and Food
The prima facie absence of references to the water–energy–food nexus in international energy law does not by any means indicate that its substantive interconnections with the water and food sectors are sparse. Extracting, refining, and processing
fossil fuels require large amounts of water, and as governments look further afield
to find new reserves of oil and gas, questions arise on such issues such as how to
project the Arctic should energy resources be developed there (see Sect. 6.4.2.2).
Global trends in the energy markets give rise to new connections between
energy activities and the water and food sectors. For example, the potential
impacts of hydraulic fracturing on groundwater have been the subject of heated
global debate.
In Sect. 6.2.4, we noted the role of human rights with respect to energy. Two
additional areas of international law further illustrate how legal obligations can be
imposed on energy governance with impact on water and food.
6.4.2.1 Environmental Law
Environmental provisions included in international legal instruments concerning
energy are the connecting legal element between energy, food, and water. For example, Article 19 of the ECT imposes an obligation on the parties to strive to minimize
harmful environmental impacts, either within or outside of their territory, that are
caused by operations within their energy cycle. ECT refers to the energy cycle as
“the entire energy chain, including activities related to prospecting for, exploration,
production, conversion, storage, transport, distribution and consumption of the various forms of energy, and the treatment and disposal of wastes, as well as the decommissioning, cessation or closure of these activities” (Article 19(3)(a)).
Environmental impacts are defined as any effects on the environment caused by
a given activity, including human health and safety, soil and water as well as interactions among different environmental factors (Article 19(3)(a)).
Furthermore, Article 5 of the Energy Efficiency Protocol to the ECT specifies
that the parties are under an obligation to formulate strategies and policy aims for
improving energy efficiency and thereby reducing environmental impacts of the
energy cycle. Although the formulation ‘strive to minimize harmful environmental impacts’ imposes no concrete obligation to include considerations in respect of
water or agriculture, Article 19, nevertheless, enables contracting parties to take
into account the potential adverse effects of energy cycles on the water and food
sectors.
Similar provisions can also be found in general trade agreements. The GATT/
WTO allows exemptions from the fundamental rules of the agreement in the interests
of human, animal or plant protection. These exemptions can be invoked under certain
terms to conserve exhaustible natural resources or to prevent critical shortages in
foodstuffs (Articles XI and XX of the GATT).
A. Belinskij et al.
6.4.2 Interlinkages to Water and Food
The prima facie absence of references to the water–energy–food nexus in international energy law does not by any means indicate that its substantive interconnections with the water and food sectors are sparse. Extracting, refining, and processing
fossil fuels require large amounts of water, and as governments look further afield
to find new reserves of oil and gas, questions arise on such issues such as how to
project the Arctic should energy resources be developed there (see Sect. 6.4.2.2).
Global trends in the energy markets give rise to new connections between
energy activities and the water and food sectors. For example, the potential
impacts of hydraulic fracturing on groundwater have been the subject of heated
global debate.
In Sect. 6.2.4, we noted the role of human rights with respect to energy. Two
additional areas of international law further illustrate how legal obligations can be
imposed on energy governance with impact on water and food.
6.4.2.1 Environmental Law
Environmental provisions included in international legal instruments concerning
energy are the connecting legal element between energy, food, and water. For example, Article 19 of the ECT imposes an obligation on the parties to strive to minimize
harmful environmental impacts, either within or outside of their territory, that are
caused by operations within their energy cycle. ECT refers to the energy cycle as
“the entire energy chain, including activities related to prospecting for, exploration,
production, conversion, storage, transport, distribution and consumption of the various forms of energy, and the treatment and disposal of wastes, as well as the decommissioning, cessation or closure of these activities” (Article 19(3)(a)).
Environmental impacts are defined as any effects on the environment caused by
a given activity, including human health and safety, soil and water as well as interactions among different environmental factors (Article 19(3)(a)).
Furthermore, Article 5 of the Energy Efficiency Protocol to the ECT specifies
that the parties are under an obligation to formulate strategies and policy aims for
improving energy efficiency and thereby reducing environmental impacts of the
energy cycle. Although the formulation ‘strive to minimize harmful environmental impacts’ imposes no concrete obligation to include considerations in respect of
water or agriculture, Article 19, nevertheless, enables contracting parties to take
into account the potential adverse effects of energy cycles on the water and food
sectors.
Similar provisions can also be found in general trade agreements. The GATT/
WTO allows exemptions from the fundamental rules of the agreement in the interests
of human, animal or plant protection. These exemptions can be invoked under certain
terms to conserve exhaustible natural resources or to prevent critical shortages in
foodstuffs (Articles XI and XX of the GATT).
A. Belinskij et al.