Andrew Filis

International Energy Governance

The legal aspects at the junction of interstate energy cooperation have become increasingly important in a world that is hungry for energy security. This book focuses on selected legal issues relating to international energy governance. International law as it stands today is not well equipped to handle international energy governance issues fully. This legal deficiency affects energy security negatively. If the currently fragmented and multi-layered international energy governance regime were streamlined for greater legal cohesiveness and international political and economic cooperation, it would promote energy security. Some chapters of the book take a broader view on interstate energy cooperation, such as energy transit, energy market liberalization and energy investment. Others focus on specific areas of such cooperation, such as trade and energy; trade, environment and energy; and energy exploration and maritime delimitation disputes. The book also presents an analysis of European Union energy governance and renewable energy.

A fragmented global energy governance

Energy engages almost every aspect of human endeavor in modern times. In the words of the Secretary-General of the United Nations (UN) Ban Ki-moon: ‘it is unimaginable that today’s economies could function without electricity and other modern energy services. From job creation to economic development, from security concerns to the status of women, energy lies at the heart of all countries’ core interests’.1 Moreover, according to the International Energy Agency (IEA), ‘energy alone is not sufficient for creating the conditions for economic growth, but it is certainly necessary. It is impossible to operate a factory, run a shop, grow crops or deliver goods to consumers without using some form of energy’.2 Furthermore, energy is the mainstay of today’s economy in the developed world, in the rapidly industrializing developing world, and in other parts of the world. Such is its importance to the modern economy that energy security has been linked to national security. Yet one in five people in the world today has no access to electricity,3 and there are large inequalities in per capita electricity consumption across countries (see Figure 1.1). Such inequalities often have their roots in history, but some crucial questions arise: Is the global energy economy being collectively managed in an effective way that is steering us towards greater energy

Summary of contents

1 Overview — Lynn L. Bergeson and Bethami Auerbach 1 2 U.S. Chemical Control Laws 15 2.1 Toxic Substances Control Act (TSCA) — Lisa M. Campbell, Sheryl L. Dolan, and Kathleen M. Roberts 17 2.2 Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) — Lisa M. Campbell, Lisa R. Burchi, Sheryl L. Dolan, and Henry M. Jacoby, MS 83 2.3 State Laws — Carla N. Hutton 143 3 Canada — Lisa R. Burchi 179 4 Central America and Mexico — Michael S. Wenk 221 5 South America — Michael S. Wenk 233 6 Europe 257 6.1 REACH — Leslie S. MacDougall and Ruth C. Downes-Norriss 259 6.2 RoHS and WEEE — Lynn L. Bergeson and Leslie S. MacDougall 295 6.3 Biocides — Lisa R. Burchi 309 7 Asia 339 7.1 China — Leslie S. MacDougall, Andrew G. Burgess, and Lynn L. Bergeson 341 7.2 South Korea — Leslie S. MacDougall and Lynn L. Bergeson 361 8 Concluding Remarks — Lynn L. Bergeson 377