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legalize energy! exporting eu law to the ECA region

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. outline. the energy community – a new legal order

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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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