CYIL vol. 10 (2019)

CYIL 10 ȍ2019Ȏ HYBRID THREATS TO ENERGY SECURITY: PERSPECTIVES OF INTERNATIONAL LAW parts of the world.” 53 Thus out of this need the Energy Charter Process had been started. The process is based on the political European Energy Charter of 1991 and Energy Charter Treaty of 1994, which is a legally binding document. The Energy Charter Process is an international policy forum, where countries exchange best practices and initiate and develop cooperation with interested third parties. 54 2.1 The European Energy Charter International attention towards security of energy sector was directed starting from 1991 with the document calledThe European Energy Charter. 55 It is a political document, implying the coordination of energy sector efforts. 56 Presently this political declaration has been signed and approved by 66 countries, including United States, Canada, as well as the European Union and EURATOM. 57 The signature of this political document is a precondition in becoming a signatory of 1994 Energy Charter Treaty. Even though it is only a political document, it could be considered as soft law, from which the legally biding rules later emerge, thus having a direct impact on the “hard”, legally binding international law. The Energy Charter stipulates in its preamble that the states have a “common interest in problems of energy supply, safety of industrial plants, particularly nuclear facilities, and environmental protection” 58 , and that they are “willing to do more to attain the objectives of security of supply and efficient management and use of resources, and to utilise fully the potential for environmental improvement, in moving towards sustainable development” 59 . It is also outlined that efficient energy systems are “of the essential importance [...] in the production, conversion, transport, distribution and use of energy for security of supply and for the protection of the environment.” 60 Thus we can see that besides the cooperation between East and West in Europe, one of the aims of the document is to ensure security of the energy sector in Europe. The provisions of the abovementioned Energy Charter of 1991 relevant to energy security stress that the aim of the states in signing this Charter is “improving security of energy supply and of maximising the efficiency of production, conversion, transport, distribution and use of energy, to enhance safety and to minimise environmental problems, on an acceptable economic basis.” 61 Three main fields of action that states intent to take indicated in the Charter are: 53 HOBER Kaj, The Energy Charter Treaty – An Overview, 8 Journal of World Investment & Trade 323 (2007), p. 324. 54 SOROKINA Olga, The Energy Charter Treaty and Energy Security. https://www.osce.org/ashgabat/67916? download=true [accessed 31 May 2019]. 55 The International Energy Charter. Consolidated Energy Charter Treaty with Related Documents. Last Updated: 15 January 2016. https://energycharter.org/fileadmin/DocumentsMedia/Legal/ECTC-en.pdf [accessed 31 May 2019]. 56 “The Charter is a concise expression of the principles that should underpin international energy cooperation, based on a shared interest in secure energy supply and sustainable economic development.” The European Energy Charter. https://energycharter.org/process/european-energy-charter-1991/ [accessed 31 May 2019]. 57 Ibid. 58 The International Energy Charter. op. cit. 57, p. 27.

59 Ibid. 60 Ibid. 61 Ibid, p. 29.

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