Costantino Grasso

Multilateral, Regional and Bilateral Energy Trade Governance

The current international energy trade governance system is fragmented and multi-layered. Streamlining it for greater legal cohesiveness and international political and economic cooperation would promote global energy security. The current article explores three levels of energy trade governance: multilateral, regional and bilateral. Most energy-rich countries are part of the multilateral trading system, which is institutionalized by the World Trade Organization (WTO). The article analyzes the multilateral energy trade governance system by focusing on the WTO and energy transportation issues. Regionally, the article focuses on five major regional agreements and their energy-related aspects and examines the various causes that explain the proliferation of regional trade agreements, their compatibility with WTO law, and then provides several examples of regional energy trade governance throughout the world. When it comes to bilateral energy trade governance, this article only addresses the European Union’s (EU) bilateral energy trade relations. The article explores ways in which gaps could be filled and overlaps eliminated whilst remaining true to the high-level normative framework, concentrating on those measures that would enhance EU energy security.

The Transatlantic Trade and Investment Partnership, Energy and Divestment

This chapter assesses the role that energy plays in the Transatlantic Trade and Investment Partnership (TTIP) negotiations and the growing importance that energy security is acquiring in the US–European Union (EU) political agenda. It analyses the potential effects that the liberalization of trade in energy and raw materials is supposed to exert in both economies and the way in which the so-called US shale gas revolution will drive major changes in the commercialization of energy products. The chapter illustrates the main problematic aspects currently under discussion regarding the application of the TTIP to the energy sector. Lastly, it discusses how divestment campaigns might constitute a valid instrument of sociopolitical pressure to induce energy companies and governments to adopt more ethical and environmentally friendly policies.

The European Arrest Warrant Under the Scrutiny of the Italian Constitutional Court

The paper illustrates how the European Arrest Warrant was enacted in Italy, and highlights some of the contradictions arising out of its reception into Italian law. In particular, the article focuses on issues relating to the compatibility of the EAW with the Italian Constitution and analyses the decisions No. 143 of 2008 and No. 227 of 2010 through which the Italian Constitutional Court declared the partial unconstitutionality of EAW implementing law (Act No. 69 of 2005). In the former decision the Court considered the rule provided by Article 33 of Act No. 69 contrary to the principle of equality enshrined by Article 3 of the Italian Constitution. In the latter decision the Court held that Article 18(1)(r) of EAW implementing law conflicted with the principles of non-discrimination and EU citizenship.