The Compliance and Dispute Settlement System of the European Energy Community

Gijs Verhagen
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引用次数: 1

Abstract

This article assesses the compliance, enforcement and dispute settlement procedure of the Energy Community (EnC). The EnC is an international organization composed of the European Union (EU) and several (South-)East European states, whose main goal is to integrate and harmonize the energy sector of the non-EU member countries with the energy sector of the EU by (among others) offering the prospects of easier access to foreign investments. This however requires implementation by those countries of the mandated rules as set by the EnC, which in practice are similar to the same rules and laws that are required within the EU itself. The implementation of these rules has been proven to be lacking, prompting active compliance enforcement by the Energy Community Secretariat, the permanent body tasked with monitoring compliance. For this, the EnC has a dispute settlement system which is highly diplomatic of nature, and which is most often already effective at enforcing compliance simply by negotiation. However, this dispute settlement system is still seen as lacking a few aspects, such as real sanctions, that would make it more effective at enforcing compliance of the rules of the EnC.
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欧洲能源共同体的遵守和争端解决制度
本文评估了能源共同体(EnC)的合规、执行和争端解决程序。EnC是一个由欧洲联盟(EU)和几个(南)东欧国家组成的国际组织,其主要目标是通过(除其他外)提供更容易获得外国投资的前景,将非欧盟成员国的能源部门与欧盟的能源部门整合和协调。然而,这要求这些国家执行EnC制定的授权规则,这些规则实际上与欧盟内部要求的相同规则和法律相似。事实证明,这些规则没有得到执行,这促使负责监测遵守情况的常设机构能源共同体秘书处积极执行这些规则。为此,EnC有一个具有高度外交性质的争端解决机制,并且通常已经有效地通过谈判强制执行。然而,这一争端解决制度仍然被认为缺乏一些方面,例如真正的制裁,而这些方面将使它在强制遵守《联合国宪章》的规则方面更加有效。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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来源期刊
CiteScore
1.40
自引率
0.00%
发文量
5
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