La 4e de couverture indique : "Since the introduction a quarter-century ago of market-based investments in the production of electricity and other critical services, our awareness of the underlying issues affecting the supply and consumption of energy has changed radically. No longer can Europe (or any region) rely on over-capacity of electricity generation and inexpensive primary energy fuels, or disregard the signs of potentially catastrophic climate change. The author of this timely and sharply focused book shows that, in the light of our current knowledge, ensuring new investments - and the right investments - in electricity generation constitutes an urgent energy policy challenge facing the EU over the coming decades. He accordingly makes the case for a serious reconsideration of the market facilitation and market intervention rules under electricity market legislation in the EU. In the first detailed legal analysis of the EU's internal electricity market framework for investments in electricity generation facilities from the perspective of security of supply, this book cover such legal issues as the following in precise detail : applicability of the Treaty on the Functioning of the European Union (TFEU) ; security of supply as a ground for exemption on the basis of public security ; justifications of public intervention ; the applicability of EU State aid provisions to investments in energy security ; requirements imposed by EU law on Member States for ensuring cost-efficient investments in European supply security ; facilitation of renewable energy sources and cogeneration in the environmental interest ; the Court of Justice's approach to Member State interventions ; the Court's decisions on restrictions on free movement in the environmental interest ; Member States' right to launch tendering procedures for new generation capacity ; Member States' right to impose public service obligations in the general economic interest on certain undertakings ; and relationship between the provisions of the TFEU and those of the Euratom Treaty in relation to investments in nuclear power generation. Throughout the study, in addition to his analysis of the decisions of the Court of Justice and the Court of First Instance, the author takes into account legal literature and Union reports, preparatory works, and working papers. The book demonstrates convincingly that today's energy supply challenges must be based on a broader balancing of security, competitiveness and sustainability interests. It suggests that the internal electricity market provisions of the Electricity Directive and the Security of Electricity Supply Directive would benefit from focusing more intensely on requiring investments in technologies and primary energy sources that will help mitigate climate change and reduce European energy import dependency, and less on the need for ensuring cost-efficient investments through market-based means. Through its detailed analysis of EU law in an area of great significance to both market participants and the public sector, Investing in EU Energy Security will be welcomed by legal advisors, whether working for the EU electricity industry or public agencies responsible for implementation of internal electricity market measures, as well as by academics in this hugely important field of current research."

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.

Moving beyond most conventional thinking about energy security in Europe which revolves around stability of supplies and the reliability of suppliers, this book presents the history of European policy-making regarding energy resources, including recent controversies about shale gas and fracking. Using the United States as a benchmark, the author tests the hypothesis that EU energy security is at risk primarily because of a lack of market integration and cooperation between member states. This lack of integration still prohibits natural gas to flow freely throughout the continent, which makes parts of Europe vulnerable in case of supply disruptions. The book demonstrates that the EU gas market has been developing at different speeds, leaving the Northwest of the continent reasonably well integrated, with sufficient trade and liquidity and different supplies, whereas other parts are less developed. In these parts of Europe there is a structural lack of investments in infrastructure, interconnectors, reverse flow options and storage facilities. Thus, even though substantial progress has been made in parts of the EU, single source dependency often prevails, leaving the relevant member states vulnerable to market power abuse. Detailed comparisons are made of the situations in the Netherlands and Poland, and of energy policy in the USA. The book dismantles some of the existing assumptions about the concept of energy security, and touches upon the level of rhetoric that features in most energy security and policy debates in Europe.

This Council Special Report explores the challenges faced by consumer and supplier alike in Europe and Eurasia. It looks at Russia's rise as an energy power, analyzing its control of supplies and delivery systems and its investments in energy infrastructure across Europe, as well as questions about the potential of its production. The report also examines Europe's difficulties in forging a common policy on energy supply and recommends a two-pronged strategy of integration and diversification. It urges Europe to integrate both internally -- developing a single EU gas market -- and externally -- tying Russia's energy sector to Europe and its more transparent regulations. It also recommends that Europe seek new sources of energy from both non-Russian suppliers and non-fossil fuels.

Energy security and energy sovereignty have their national and international dimensions. In the EU Member States, these dimensions are further complemented by the EU perspective. The concept of raw materials and energy security, as currently proclaimed by a number of states, is probably too broad in terms of international practice. International law does not encroach on the legislative (regulatory) sovereignty of any state as long as the state observes its international obligations. Its obligations regarding the promotion and protection of foreign direct investments only allow the state to invoke energy security and sovereignty in certain specified cases, i.e., in a state of necessity and with respect to measures proportional to the relationship with the protected interests of the investor. In particular, the criterion of necessity is very narrowly interpreted by international practice and any measures targeted against the investor's property interests must be an exceptional resolution and objectively indispensable. Furthermore, the situation which gave rise to the state of necessity must not have been caused by the state which invokes its right to regulate. Apart from the case law in the area of investment disputes, it is also possible to take into account a number of decisions rendered by the European Court of Human Rights.

The purpose of this book is to move beyond the approach which views energy as a purely geopolitical tool of the Russian state and assumes a 'one size fits all' approach to energy security in Central and Eastern Europe (CEE). It argues that in order to fully understand Russian involvement in the regional energy complex, the CEE-Russian energy relationship should be analysed in the context of the political and economic transitions that Russia and the CEE states underwent. The chapters on individual countries in the book demonstrate that, although Russia has and will continue to play a substantial role in the CEE energy sector, the scope of its possible influence has been overstated.

This book fills an important gap in the literature on energy security in the gas sector in the European Union. Whilst the emphasis is often on energy security in the oil sector, the gas sector has grown in importance in recent decades, with increasing liberalization raising critical questions for the security of gas supplies. The share of gas in Europe's energy mix is rising and the differences between the politics and economics of gas and oil supply are becoming more pronounced. The author sheds light on the state of EU energy security in the gas sector, its interdependence with external suppliers and the current gas strategy. He examines the role of energy companies, EU member-states and EU institutions, locates the main developments in the gas sector and focuses on the principal challenges posed by such fundamental changes. The author scrutinizes the EU's relations with its main gas supplier, Russia, as well as with alternative suppliers, elaborates on the key infrastructure projects on the table and their principal ramifications, and discusses the main policies that member-states pursue to achieve energy security as well as the EU's internal contradictions. The book concludes with policy recommendations, particularly in the light of tougher environmental regulation.