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legalize energy! exporting eu law to the ECA region

Learn about exporting EU energy law to the ECA region, risks involved, case studies on Ukraine and Moldova, governance and investment protection issues, and the role of legal professionals in this process. Presented at the Xth ECA Legal Forum in Tbilisi.

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legalize energy! exporting eu law to the ECA region

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  1. legalize energy!exporting eu law to the ECA region Dr Dirk Buschle Deputy Director & Head of Legal Energy Community Secretariat Xth ECA (EUROPE-CAUCASUS-ASIA) LEGAL FORUM Tbilisi, 17 – 20 June 2015

  2. outline • the energy community – a new legal order • the energy community as a mechanism for exporting eu law • concept and experiences • the risks of law export in ECA • law export, investment protection and the legal profession

  3. __________________________________________________

  4. the energy - what? • history in the balkans • a sectoral integration agreement • based on monnet‘s vision of european integration • binding commitments as motor and yardstick for reforms • change of governance vs transactional rules • integrating regional and pan-european markets • independent institutions • relations with the association agreements

  5. exporting eu law: concept and experiences • law export in eu external policy • the european union, the clumsy hegemon • from applying the law to exporting the law • law export – a neo-colonial concept? • externalising the internal: from export to sharing • no one-way street • what a difference the law makes ... • case study: reforming ukraine • case study: enforcing cost-reflectivity of energy prices

  6. exporting eu law: a risky business? • geopolitical risks • ECA as a post-imperial space • dealing with the neighbours of our neighbours ... • georgia and the energy community • social risks • liberalization – is it worth it? • case studies: albania / ukraine / macedonia • governance risks • case study: moldova

  7. law export and investment protection • quality law export: quality rules and enforcement • conflict resolution: diplomacy or law? • case study: bosnia & herzegovina • private vs public enforcement? • national litigation • arbitration as the silver bullet? • from juridification to judicialization of energy policy? • blending private and public enforcement • what is in it for legal practice? • private attorneys of public interest • legal goldmines

  8. thank you.__________________________________________________ dirk.buschle@energy-community.org

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