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Energy security is a burning issue in a world where 1.4 billion
people still have no access to electricity. This book is about
finding solutions for energy security through the international
trading system. Focusing mainly on the European Union as a case
study, this holistic and comprehensive analysis of the existing
legal and geopolitical instruments strives to identify the
shortcomings of the international and EU energy trade governance
systems, concluding with the notion of a European Energy Union and
what the EU is politically prepared to accept as part of its
unified energy security. This snapshot of multilateral, regional
and bilateral energy trade governance deals with energy transit
from the perspective of the Energy Charter Treaty as a means to
enhance EU energy security, and examines the system of law and
governance of international trade in unconventional fossil fuels.
The authors analyze concerns that arise from preferential trade
agreements and renewable energy from the EU's perspective, and
explain how the EU can diversify its energy supply to improve its
energy security. This book will be of interest to students,
scholars, lawyers, economists, policymakers, and think tanks
dealing with the links between energy security and international
trade, as well as those communities relating to other
energy-related disciplines.
This book focuses on the World Bank's sanctions system, which is an
innovative instrument of global governance implemented by the
leading multilateral development bank in order to impose penalties
on legal entities and individuals that are involved in
Bank-financed projects. Although similar regimes have also been
implemented by other regional multilateral development banks, the
World Bank's legal framework is currently the most comprehensive
one. The book offers a rich and detailed analysis of the sanctions
system, presenting an in-depth examination of all the phases of its
procedure with a special focus on key aspects such as the criteria
for assigning liability to legal entities and corporate groups, as
well as the World Bank's jurisdictional reach over non-contractors.
The book also explores the compatibility between the legal
framework implemented by the Bank and the rule of law, the role of
precedents, and the level of due process. It highlights the fact
that the sanctions system is currently characterized by a lack of
legal guarantees, and that there are compelling reasons for
supporting the argument that due process safeguards should be
applied to it in their entirety. To that end, the book conducts a
thorough analysis of specific procedural aspects such as the right
to a hearing, the right to evidence disclosure, the time limit
regime, the standard of proof and shift of the burden of proof, the
evidential value of a party's silence, and the consistency and
predictability of the World Bank's sentencing practice. The study
is conducted on the basis of a detailed and painstaking examination
of the most relevant decisions taken by the Sanctions Board,
providing the first-ever commentary on the World Bank's case law.
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