LAWS0088: International Energy Law // Dr Danae Azaria

This module examines the legal regulation of international energy activities. It is divided into five parts.

Part I provides a solid foundation in the general international law concepts and principles applicable to energy and natural resource activities, including permanent sovereignty over natural resources and sustainable development. The extent to which the key actors engaged in energy activities are subject to international regulation is also examined, including the rules of international law governing state responsibility and the exercise of state jurisdiction over energy and natural resources activities.

Given the extent of private sector involvement in these activities, the protection of foreign direct investment and the responsibility of States for expropriation is examined in Part II. Energy trade is also covered in this part, including under both the Energy Charter Treaty and the WTO. Part II ends with a the examination of the laws of armed conflict and how they apply to energy activities, and a cross-sectoral look at energy security issues ranging from piracy, hostage-taking and security of supply in times of international emergency.

Part III examines the international legal regulation of specific energy and natural resources sectors, in particular the oil and gas, and renewable sectors with detailed discussion of the rules concerning offshore exploitation. The unique features of the legal regimes, which have been developed to support the development of transboundary oil and gas fields, are highlighted in this part, along with rules for the protection of the environment in a transboundary context.

Part IV examines the complex interplay of different interests and actors in activities in the energy sector, and includes a case study of transboundary pipelines development to illustrate, inter alia, the complex interplay of human rights, environment and other factors. It also identifies the actors involved (including international financial institutions such as the World Bank) and the remedies available to affected individuals and groups.

This links to the accountability of non-state actors – including multinational enterprises - and international institutions for the environmental, human rights, and other consequences of their energy and natural resources activities.