CYIL vol. 10 (2019)

BIRUTĖ PRANEVIČIENĖ – VIOLETA VASILIAUSKIENĖ CYIL 10 ȍ2019Ȏ 1) Development of trade in energy consistent withmajor relevant multilateral agreements such as GATT, its related instruments, and nuclear non-proliferation obligations and undertakings, 2) Cooperation in the energy field, and 3) Energy efficiency and environmental protection. Of particular importance to resilience from hybrid threats are the actions of states in the fields of: “modernisation, renewal and rationalisation by industry of services and installations for the production, conversion, transport, distribution and use of energy;” 62 and “promoting the development and interconnection of energy transport infrastructure”. 63 Such actions would allow the energy sector to be more resilient both to the threats from natural causes, and to the threats caused by other states by hybrid actions. Furthermore, even though it is a political declaration, the Charter stresses important fields. The states express the intent to ensure access to “local and international markets for energy products for the implementation of the objectives of the Charter. Such access to markets should take account of the need to facilitate the operation of market forces, and promote competition.” 64 Furthermore, another aim of the states is to improve liberalisation of the trade in energy products, equipment and services consistent with the regulations of GATT and nuclear non-proliferation obligations. The states stress in this document that transit should take place in economic and environmentally sound conditions, and that the development of commercial international energy transmission networks and improvement of their interconnection could improve stability in energy markets. States which signed the Charter also stress importance of safety principles and guidelines in achieving and maintaining high levels of energy provision, especially in nuclear field, and that mutual cooperation in setting such safety principles and guidelines will be pursued. Thus even though the European Energy Charter of 1991 was only a political declaration, it had set the scene for more stringent obligations of the states towards each other in legally binding documents. 2.2 The Energy Charter Treaty The Energy Charter Treaty, signed in December 1994 and having entered into force in April 1998, currently is ratified by 53 signatories, including The European Union and EURATOM. The treaty was developed on the basis of the abovementioned European Energy Charter of 1991. The main aim of the treaty is “to strengthen the rule of law and create a level playing field of rules to minimize the risks associated with energy-related investments and trade.” 65 Currently there are fifty-three Signatories and Contracting Parties to the Treaty. This includes both the European Union and Euratom. 66 It is designed to promote energy security through the operation of more open and competitive energy markets, while respecting the principles of sustainable development 62 Ibid. 63 Ibid. 64 Ibid, p. 32. 65 PETERS Mary Sabina, Critical Commentary on the Energy Charter Treaty, 7 European Energy Journal 47 (2018), p. 48. 66 The Energy Charter Treaty. https://energycharter.org/process/energy-charter-treaty-1994/energy-charter-treaty/ [accessed 31 May 2019].

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