Rafael Leal-Arcas | Saudi Aramco / King Abdullah Petroleum Studies and Research Center (KAPSARC) (original) (raw)

Books by Rafael Leal-Arcas

Edward Elgar Publishing, 2024

This book is an attempt at a thorough chronological analysis of the European Union’s (EU) existin... more This book is an attempt at a thorough chronological analysis of the European Union’s (EU) existing law and policy in the field of international trade. This book analyzes the evolution of the EU’s external trade relations, as well as its common commercial policy competence through the years, starting with the Treaty of Rome up until the Treaty of Lisbon, as a background for understanding the EU’s present role in the World Trade Organization (WTO) framework. Thus, a legal analysis of EU trade policy after the Treaty of Rome, after the conclusion of the WTO Agreement, at the Treaty of Amsterdam, at the Treaty of Nice, and at the Treaty of Lisbon is provided, taking into account the most recent constitutional developments by the Lisbon Treaty on division of competences between the EU and its Member States.

RESEARCH HANDBOOK ON EU ENERGY LAW AND POLICY: Second Edition, Elgar Energy Law Series, Cheltenham: Edward Elgar Publishing Ltd, 2024

This thoroughly revised second edition presents a comprehensive overview of the most important co... more This thoroughly revised second edition presents a comprehensive overview of the most important contemporary research in EU energy law and policy. The Research Handbook brings together a diverse array of experts, highlighting the multifaceted nature of this continually developing field.

Divided into four broad thematic areas, the book considers in turn the various elements of EU energy law and policy, namely its institutional, external, economic, social, legal, environmental, and technological aspects. New chapters in this second edition discuss the EU’s response to Russia’s invasion of Ukraine, India-EU relations, EU-Gulf cooperation, and the importance of energy trade agreements for the recognition of environmental refugees. Presenting cutting-edge research on the major energy policy challenge which the EU will face in the coming years, this Research Handbook expertly situates the field of energy law and policy in the broader context of international economic law and governance.

The Research Handbook on EU Energy Law and Policy: Second Edition will continue to be a vital reference for legal academics, students, and scholars in energy law and policy. It is also of practical interest to lawyers, economists, and policymakers working in related fields such as climate change, international trade, and sustainability management.

COMMENTARY ON THE ENERGY CHARTER TREATY, 2nd edition, Elgar Commentaries, Edward Elgar Publishing Ltd, 2023, 608 pages, , 2023

This thoroughly revised edition of the Commentary on the Energy Charter Treaty presents a compreh... more This thoroughly revised edition of the Commentary on the Energy Charter Treaty presents a comprehensive overview of the latest trends surrounding this important international agreement. Providing a unique, article-by-article, textual analysis, updated chapters cover the full breadth of topics and developments of the Energy Charter Treaty (ECT), situated in the broader context of international economic law and governance. This edition also offers detailed coverage of the modernization process of the ECT, and carefully analyses important criticisms of the instrument.

Oxford: Elsevier, 2023

Electricity Decentralization in the European Union: Towards Zero Carbon and Energy Transition, Se... more Electricity Decentralization in the European Union: Towards Zero Carbon and Energy Transition, Second Edition, examines progress in decentralization across the European Union (EU), with each chapter focusing on developments and innovations in a specific country. Sections provide an overview of the current role and state of smart grids, the conceptualization of energy transition, and specific cases across all EU states. Across the chapters, regulatory frameworks are assessed to identify to what extent it is conducive to decentralization, with specific outcomes of decentralization covered in detail, including deployment of smart grids and meters, demand response, electric vehicles, and storage.

The book highlights how specific EU member states are progressing towards deployment of these tools and technologies, along with the specific needs and regulatory barriers in each and recommendations for how regulation can be more encouraging. In addition, electricity interconnections in the EU are considered as a vital step towards decentralization in order to boost energy security and energy efficiency. Finally, the book includes a detailed examination of data protection concerns that arise from the advent of new technologies that collect personal information, such as smart grids, assessing current regulation on data protection and identifying areas for improvement, as well as innovative finance options for sustainable energy.

Sprnger Nature, 2023

This book includes contributions by leading experts across the globe. Part 1 of the book focuses ... more This book includes contributions by leading experts across the globe. Part 1 of the book focuses on the analysis of the Paris Agreement on Climate Change, examines COP26, and questions the political process in the US for the creation of policy for meaningful greenhouse gas emissions reductions. Part 2 explores various ways in which one can effectively mitigate climate change. The contents provide an analysis of carbon pricing, development of specific green energy technologies to promote economic prosperity, and analysis of electric vehicles and other elements of electrification in areas with carbon-intensive electricity supply. Part 3 analyses the international dimension of energy governance (both regional and global) and climate action. It further provides an analysis of the challenges faced by small island developing states, least-developed countries, and other vulnerable places. It also offers an analysis of the prospects for a European Energy Union and explores why energy security and decarbonization are significant. Lastly, it explores global energy governance and how its fragmentation can be reduced. This volume will be a useful reference for those in industry and academia.

International Trade and Sustainability: Perspectives from Developing and Developed Countries, 2022

This book is about how to make international trade greener for a sustainable and prosperous futur... more This book is about how to make international trade greener for a sustainable and prosperous future. It examines whether international trade agreements can contribute to sustainable development. Whether international trade can contribute to sustainability is a novel, timely, and important question that will most likely grow in importance over time and addresses a planetary challenge. We argue in the book that trade agreements have the potential to protect the climate and Mother Nature, and therefore can foster sustainability. In other words, trade is a means to reach an end, namely protecting and preserving the planet.

Palgrave Macmillan, 2022

This book is an analysis of the European Union (EU) as a case study in a new plurilateral trade o... more This book is an analysis of the European Union (EU) as a case study in a new plurilateral trade order. This book is a contribution to the EU’s external trade relations, which is a sub-field of the broader field of the EU international relations law. This book is not about EU trade law as seen from the outside, nor is it a study of international trade law; rather, it is an introspective analysis of EU trade law and policy. In conducting this research, I have identified the EU external trade relations as the main field of study, and international trade law as a background field, with a specific interest in services trade in the Doha Round.

Kluwer Law International, 2021

This book aims to explain that, by building climate clubs and making use of the international tra... more This book aims to explain that, by building climate clubs and making use of the international trading and investment systems, we can reach a better future for all. We know the science of climate change; we know the economics of climate change; we also know the law of climate change. However, we do not know how countries may come together to cooperate on climate change mitigation. One way of doing so successfully is by putting together the climate regime with the international trading and investment systems via the creation of climate clubs, namely the coalition of the willing.

Eliva Press, 2020

This book explores the contribution that international economic law generally defined make to the... more This book explores the contribution that international economic law generally defined make to the rule of law at national and international levels. The contributions of this book either:

(i) examine particular features of the rule of law from a viewpoint of the contribution (at international or domestic legal level) that international economic law makes to these features, such as – in a thin definition of the rule of law - accountable institutions, clarity, judicial review, non-discrimination, predictability, and transparency, as well as – in a thicker definition – the respect of fundamental rights, democracy, and substantive justice; or

(ii) make case-studies of countries whose legislation and governmental practice show a correlation – or a lack thereof – between international economic law, on the one hand, and the rule of law, on the other hand.

Eliva Press, 2020

This timely book explores the external dimension of the European Union's (EU) energy law and poli... more This timely book explores the external dimension of the European Union's (EU) energy law and policy. In doing so, it provides an analysis of the EU's competences in the energy field, the Energy Community and its relation to EU energy policy, the energy relations between the EU and two major energy regions (Russia and the Gulf Cooperation Council), and the EU's participation in energy treaties.

The Great Energy Transition in the European Union, Volume 2, Eliva Press, 2020; 429 pages; ISBN-13: 978-9975-3417-3-8., 2020

This book examines the status of the energy transition in the European Union (EU). It provides a ... more This book examines the status of the energy transition in the European Union (EU). It provides a thorough analysis of energy decentralization in the EU. It discusses why it is in the EU’s interest to decentralize its energy markets and analyzes the situation in several EU member states. The book specifically focuses on electricity markets and looks at how decentralization is taking shape with regard to these markets. In doing so, it analyzes the regulatory environment in several EU jurisdictions to identify to what extent it is conducive to decentralization. It looks at how things stand in terms of new tools and technologies to facilitate decentralization, such as smart grids and meters, electric vehicles, demand response, and storage. The book explores how specific EU member states are progressing towards deployment of these tools and technologies, and the specific needs and regulatory barriers in each. It also offers recommendations for how regulation can be more encouraging. The book in addition discusses electricity interconnections in the EU as a vital step towards decentralization that will boost energy security and energy efficiency. Lastly, the book includes a detailed examination of data protection concerns that arise from the advent of new technologies that collect personal information, such as smart grids. It assesses current regulation on data protection and identifies areas for improvement.

The Great Energy Transition in the European Union, Volume 1, Eliva Press, 2020; ISBN-13: 978-9975-3417-1-4., 2020

INTERNATIONAL TRADE, INVESTMENT AND THE RULE OF LAW, 2020

This book will be of interest to those in the elds of legal theory as well as the law and policy ... more This book will be of interest to those in the elds of legal theory as well as the law and policy of international trade, investment, energy, and corporate social responsibility. The book is relevant to scholars and academics as well as policymakers and those working in the eld of the rule of law. Lastly, it will be useful for people interested in the international investment and trading system and its various aspects-i.e., multilateralism, regionalism, bilateral-ism-as well as the overall impact of each on the rule of law.

Solutions for Sustainability: How the international trade, energy and climate change regimes can help, 2019

This book explores links and synergies between international trade and two of the most urgent cha... more This book explores links and synergies between international trade and two of the most urgent challenges of the 21st century: achieving sustainable energy (i.e., energy that is affordable, secure, and clean) and mitigating climate change. It takes the unique approach of not only examining how international trade can help achieve energy and climate goals, but also the impact of emerging tools and technologies such as smart grids and demand response, and the potential role and impact of citizens and prosumers. The book analyzes energy- and trade-related regulations in a range of jurisdictions to assess how conducive the regulation is towards achieving sustainable energy, and identifies gaps and overlaps in the existing legal framework.

EU TRADE LAW, 2019

This book is an attempt to a thorough chronological analysis of the European Union’s (EU) existin... more This book is an attempt to a thorough chronological analysis of the European Union’s (EU) existing law and policy in the field of international trade. This book analyzes the evolution of the EU’s external trade relations, as well as its common commercial policy competence through the years, starting with the Treaty of Rome up until the Treaty of Lisbon, as a background for understanding the EU’s present role in the World Trade Organization (WTO) framework. Thus, a legal analysis of EU trade policy after the Treaty of Rome, after the conclusion of the WTO Agreement, at the Treaty of Amsterdam, at the Treaty of Nice, and at the Treaty of Lisbon is provided, taking into account the most recent constitutional developments by the Lisbon Treaty on division of competences between the EU and its Member States. The book also provides an analysis of UK-EU trade relations post-Brexit.

COMMENTARY ON THE ENERGY CHARTER TREATY, 2018

The Commentary on the Energy Charter Treaty (ECT) provides a unique article-by-article textual an... more The Commentary on the Energy Charter Treaty (ECT) provides a unique article-by-article textual analysis of this important international agreement. The ECT provides a multilateral framework for cross-border co-operation in the energy sector based on the principles of open competitive markets and sustainable development.

By binding governments to commitments that guarantee open markets, non-discrimination, and access for foreign investment, the ECT aims to strengthen the global rule of law on energy issues and, in doing so, reduce the risks associated with energy-related investment and trade.

Expert contributors provide commentary and analysis on the five primary areas of the ECT: investment promotion and protection, trade, transit, environmental protection, and dispute settlement. The optional protocols are also addressed, including various issues such as energy efficiency and the environment.

Clearly and logically organised, this commentary is an invaluable reference tool for those wanting to better understand the intricacies of the Treaty and its binding commitments. The Commentary will be an essential resource for practitioners, academics, and policymakers across the field of energy law and policy.

Much research on climate change is being performed by many universities round the world. But desp... more Much research on climate change is being performed by many universities round the world. But despite this positive trend, there are only a few publications where an interdisciplinary set of researchers may be able to tackle climate change issues from a variety of perspectives: social sciences, natural sciences, economics, etc. This book is an attempt to fill in this gap.

This publication involves researchers in the field of climate change in the widest sense, not only from traditional climate science, but also from the fields of environment, human geography, business and economics, arts, administration and media studies.

The aims of the book are twofold:

I. to provide researchers at universities from across the world performing research on issues pertaining climate change with an opportunity to present their works and research projects, also educational initiatives; and
II. to introduce innovative methodological approaches and projects which aim to offer a better understanding of climate change across society and economic sectors.

Moreover, a further aim of the book, consistent with the philosophy of the “Climate Change Management Series”, is to document and disseminate the wealth of experiences on climate change research at universities taking place today.

This book is divided into two parts:
• Part 1 contains papers which describe experiences from climate change research, education and studies;
• Part 2 describes experiences and lessons from climate change and related projects.

This authoritative Research Handbook presents, for the first time, a comprehensive overview of th... more This authoritative Research Handbook presents, for the first time, a comprehensive overview of the most important research and latest trends in EU energy law and policy. It offers high-quality original contributions that provide state-of-the-art research in this rapidly evolving area, situated in the broader context of international economic law and governance. The Research Handbook covers the full breadth of topics and developments in the EU's law and policy regarding energy, fully acknowledging the multifaceted nature of this vast arena. It is divided into four broad thematic areas of EU energy law and policy: 1) institutional aspects; 2) external aspects; 3) economic, social and legal aspects; and 4) environmental and technological aspects. Expert contributors also present a future research agenda in these four areas and identify emerging themes with substantial potential for further research in years to come.

Energy security is a burning issue in a world where 1.4 billion people still have no access to el... more Energy security is a burning issue in a world where 1.4 billion people still have no access to electricity. This pioneering book is about finding solutions for energy security through the international trading system.

Focusing mainly on the European Union (EU) as a case study, this holistic and comprehensive analysis of the existing legal and geopolitical instruments strives to identify the shortcomings of the international and EU energy trade governance systems, concluding with the notion of a European Energy Union and what the EU is politically prepared to accept as part of its unified energy security.

This snapshot of multilateral, regional and bilateral energy trade governance deals with energy transit from the perspective of the Energy Charter Treaty as a means to enhance EU energy security, and examines the system of law and governance of international trade in unconventional fossil fuels. The authors analyze concerns that arise from preferential trade agreements and renewable energy from the EU’s perspective, and explain how the EU can diversify its energy supply to improve its energy security.

This timely book shows how the creation of a European Energy Union might be an effective and viab... more This timely book shows how the creation of a European Energy Union might be an effective and viable solution to the energy security problems that the European Union (EU) is facing. The aim is to make it easier to trade energy inside the EU. The EU currently has to rely on energy-rich countries for its energy needs, many of whom are politically and economically unstable. This places the EU in a vulnerable position.

The book explores the institutional and legal framework for the creation of a European Energy Union, whose aim is to achieve affordable, secure and sustainable energy. This Energy Union is based on five pillars, which are analyzed: security, solidarity and trust; the completion of a competitive internal market; moderation of demand; the decarbonization of the EU energy mix (i.e., greater use of renewable energy); and technologies.

The book explores what the EU is politically prepared to accept as part of its unified energy security. Combined with the perception of energy security being a pressing matter, the general disenchantment surrounding the European ideal in the wake of the economic crisis makes the task of ensuring affordable, secure and sustainable energy a formidable challenge. In that vein, the European Energy Union could well be the flagship of this new outset towards a more prosperous, energy-secure and unified Europe, bearing in mind that EU Member States wish to guard their sovereignty over national energy systems. In the past, there have been divisions between EU Member States when trying to draft a unified energy policy. The European Energy Union tries to rectify this deficiency.

This book proposes the emulation of the EU’s common commercial policy to reach a common position in EU energy policy. It analyzes the role of the Energy Community and the Euro-Mediterranean Energy Partnership, the Transatlantic Trade and Investment Partnership, the Caspian region, the Southern Gas Corridor and a few Russian gas pipeline projects as avenues to further integrate energy markets beyond European borders. It also dwells on the advancements that could arise in terms of pan-European energy infrastructure through the anticipated financial boost resulting from, inter alia, the Investment Plan for Europe, the European Structural and Investment funds, and the Connecting Europe Facility. Finally, it provides an analysis of climate change mitigation by focusing on the importance of decarbonizing the economy and analyzing the 2015 Paris Agreement on Climate Change.

Edward Elgar Publishing, 2024

RESEARCH HANDBOOK ON EU ENERGY LAW AND POLICY: Second Edition, Elgar Energy Law Series, Cheltenham: Edward Elgar Publishing Ltd, 2024

COMMENTARY ON THE ENERGY CHARTER TREATY, 2nd edition, Elgar Commentaries, Edward Elgar Publishing Ltd, 2023, 608 pages, , 2023

Oxford: Elsevier, 2023

Sprnger Nature, 2023

International Trade and Sustainability: Perspectives from Developing and Developed Countries, 2022

Palgrave Macmillan, 2022

Kluwer Law International, 2021

Eliva Press, 2020

The Great Energy Transition in the European Union, Volume 2, Eliva Press, 2020; 429 pages; ISBN-13: 978-9975-3417-3-8., 2020

The Great Energy Transition in the European Union, Volume 1, Eliva Press, 2020; ISBN-13: 978-9975-3417-1-4., 2020

INTERNATIONAL TRADE, INVESTMENT AND THE RULE OF LAW, 2020

Solutions for Sustainability: How the international trade, energy and climate change regimes can help, 2019

EU TRADE LAW, 2019

COMMENTARY ON THE ENERGY CHARTER TREATY, 2018

The aims of the book are twofold:

The IUP Journal of International Relations, Vol. 18, No. 3, pp. 51-122, 2024

The paper examines the status of energy decentralization in three key Arab League countries, name... more The paper examines the status of energy decentralization in three key Arab League countries, namely, Egypt, the United Arab Emirates (UAE), and Saudi Arabia. It specifically focuses on decentralization in their electricity markets. The paper analyzes the regulatory environment in these three countries and then looks at how things stand regarding new tools and technologies to facilitate decentralization. It explores the progress in deployment of these tools and technologies, and the specific regulatory barriers in the three nations. The paper also offers recommendations for how regulations can be more encouraging. and discusses electricity interconnections as a vital step towards decentralization that will boost energy security and energy efficiency.

Florida Journal of International Law, Vol. 35, Issue 1, 2024

This article examines the contemporary framework for energy transition, focusing on the regulator... more This article examines the contemporary framework for energy transition, focusing on the regulatory and legal obstacles inherent in the transition process. Section 1 provides an introduction and delves into the intricate interplay between trade dynamics and the establishment of smart grids, evaluating their impact on shaping the energy landscape. The concept of climate-resilient electricity grids is explored in Section 2, particularly through the lens of digital solutions adopted in jurisdictions such as India, China, and the USA. Section 3 discusses the evolving framework set forth by COP 28 for the implementation of smart grids within the context of climate action. It also investigates the critical nexus between climate finance and the development of smart grids, emphasizing their pivotal role in advancing sustainable energy infrastructures. Sections 4 and 5 analyze Qatar and Morocco as case studies, respectively. Section 6 concludes the article by synthesizing key insights drawn from the analysis, underlining the significance of collaborative efforts and innovative strategies in fostering a resilient and environmentally sustainable energy future.

Penn State Journal of Law and International Affairs, 2024

Trade in goods and services and artificial intelligence (AI) have all gone digital. Such a thing ... more Trade in goods and services and artificial intelligence (AI) have all gone digital. Such a thing requires the complete transformation of cybersecurity. As economic activity moves online and cross-border data flows are poised to boom, valuable information assets and core infrastructure face growing threats from state actors and non-state groups. Data gathering on international networks creates systemic risks to national security, economic stability, and public safety. Meanwhile, attackers are exploiting the rapid development of machine learning algorithms to launch even more massive and stealthy attacks. However, at the same time, AI can also strengthen cyber defenses through better threat monitoring, intelligence collection, and greater resilience. This complex interplay between digital trade, AI, and cybersecurity has important worldwide legal, economic, and policy implications. As the issue linkages grow more pronounced, governments face pressures to facilitate continued digital innovation and growth, while addressing rising systemic vulnerabilities. However, most domestic policy frameworks remain narrowly focused on physical critical infrastructure sectors and outdated cybersecurity models. Internationally, consensus on norms and collective response mechanisms still needs to be improved, despite slow progress through bilateral initiatives. As threats increase, carefully balanced regulatory frameworks and liability models must emerge, reflecting appropriate linkages across data privacy, product security, and harm prevention across integrated digital networks.

Journal of Infrastructure, Policy and Development, 2024

The convergence of multifaceted global challenges encompassing the rise of populism, Brexit, the ... more The convergence of multifaceted global challenges encompassing the rise of populism, Brexit, the climate crisis, the COVID-19 pandemic, and the Russian invasion of Ukraine has catalyzed a profound reassessment of international trade policies. This article critically examines the intricate linkages between these challenges and their profound implications for the contemporary international trading system.

Traditionally, globalization debates in the 1990s underscored the social and environmental dimensions of trade, yet the current landscape reveals an undeniable entwining of societal implications with trade policies. This article delves into the interconnectedness of these global challenges with trade, evaluating how each phenomenon influences and reshapes policy discourse.

In particular, the rise of populism and its attendant protectionist sentiments have engendered a reevaluation of trade relationships and multilateral agreements. The seismic geopolitical event of Brexit has disrupted regional trade dynamics, signaling a paradigm shift in established trade blocs. Simultaneously, the imperatives of addressing the escalating climate crisis have spotlighted the necessity for trade policies to align with environmental sustainability goals.

The COVID-19 pandemic, acting as a disruptor on a global scale, has accentuated vulnerabilities within supply chains, emphasizing the need for resilience and adaptability in trade frameworks. Additionally, the Russian invasion of Ukraine has introduced geopolitical tensions that further complicate the trade-policy landscape.

By critically evaluating these intersecting challenges, this article delineates the evolving nature of trade policies and their inextricable relationship with societal and geopolitical realities. It underscores the imperative for a holistic approach in policy formulation that integrates social, environmental, and geopolitical considerations, acknowledging the integral role of trade policies in addressing contemporary global challenges.

Journal of Animal and Environmental Law, 2024

This article provides an analysis of new trends in international economic and environmental law a... more This article provides an analysis of new trends in international economic and environmental law and governance. It argues that it is no longer incompatible to grow macroeconomically and protect the environment at the same time, and that existing legal instruments allow for the avoidance of this trade-off between economic growth and environmental protection. The article adds to the growing academic literature of protecting the environment while fostering economic development. It starts with the role of international law in the promotion of a more sustainable global economy as well as the emerging trends in international economic law and policy to advance the United Nations Sustainable Development Goals. To that end, it explores the role of multilateral economic institutions for the promotion of industrial decarbonization as well as the most recent legal and policy developments on issues such as sustainable energy. The article then analyzes the geopoliticization of trade and asks whether mega-regional trade agreements can play a pivotal role in climate action and, if so, how. The green trade agenda is then analyzed with a view to how it can transform global trade. Finally, the article provides an analysis of supply chains in the context of sustainability.

Forthcoming in R. Leal-Arcas (ed.), RESEARCH HANDBOOK ON EU ENERGY LAW AND POLICY: SECOND EDITION, Elgar Energy Law Series, Cheltenham: Edward Elgar Publishing Ltd, 2024, Chapter 17, 2024

The chapter has eight sections. After the introductory section, Section 2 sets the scene. Section... more The chapter has eight sections. After the introductory section, Section 2 sets the scene. Section 3 provides an overview of the trade relations between the European Union (EU) and the Gulf Cooperation Council (GCC) countries. Section 4 explains the importance of diversifying both the GCC economy, so that the GCC can reduce dependence on crude oil and gas, and the EU economy, mainly through exportation. Section 5 analyzes the links between sustainability and international trade, and asks whether the impact of trade on sustainability is positive or negative. Section 6 specifically analyzes the impact of a potential free trade agreement between the EU and the GCC on the GCC’s climate change goals. Section 7 explores the potential of a renewable-energy trade agreement between the EU and the GCC. Finally, Section 8 provides an analysis of the key elements for a potential investment agreement between both regions.

Forthcoming in R. Leal-Arcas (ed.), RESEARCH HANDBOOK ON EU ENERGY LAW AND POLICY: SECOND EDITION, Elgar Energy Law Series, Cheltenham: Edward Elgar Publishing Ltd, Chapter 16, 2024

This chapter provides a concise overview of India-EU relations by highlighting two recent prospec... more This chapter provides a concise overview of India-EU relations by highlighting two recent prospects of negotiations concerning trade and economic growth: the proposed free trade agreement (FTA) and the envisioned economic corridor. The chapter approaches both through the lens of sustainable development and energy collaboration. While the proposed FTA signifies a pivotal step toward increased trade and investment, offering mutual benefits in market access and strategic partnership, the economic corridor aims at fostering connectivity and infrastructure development. Amidst these opportunities, challenges such as regulatory disparities, market access concerns, and geopolitical complexities emerge. By examining the interplay of economic, geopolitical, and energy factors, this chapter contributes to a nuanced understanding of the evolving India-EU relationship and the road ahead.

Forthcoming in R. Leal-Arcas (ed.), RESEARCH HANDBOOK ON EU ENERGY LAW AND POLICY: SECOND EDITION, Elgar Energy Law Series, Cheltenham: Edward Elgar Publishing Ltd, 2024, Chapter 7, 2024

In the wake of Russia’s invasion of Ukraine, the European Union has been faced with the reality o... more In the wake of Russia’s invasion of Ukraine, the European Union has been faced with the reality of its energy vulnerability. As a region historically reliant on energy imports, it has used its energy dependency as a tool to mediate political tensions and create trade agreements. As a result, Russia has become one of the region's main energy suppliers. Once sanctions were implemented on Russia in response to its unlawful invasion of Ukraine, the EU was left fighting record-high energy prices and soaring inflation. This chapter seeks to argue that these recent geopolitical conflicts have resulted in a renewed push for energy security and climate action in the EU. It suggests that decarbonization and renewables are the keys to securing energy security, whilst fossil fuel-related projects which aim to mitigate the impacts of Russia’s invasion merely provide short-term solutions to a long-term problem. The necessity for international law and international institutions to prioritise energy security is also explored, especially considering the interconnection between economic security and energy security. As such, this chapter concludes that energy security in the EU is contingent on inward solutions that focus on renewable deployment, the link between trade and decarbonization, and the international endorsement of global energy security.

Queen Mary University of London, School of Law Legal Studies Research Paper No. 002/2024, 2024

In 2022, the European Union (EU) signed a large free trade agreement (FTA) with New Zealand, sign... more In 2022, the European Union (EU) signed a large free trade agreement (FTA) with New Zealand, signaling a significant development in the EU's trade and diplomatic relations. While the economic benefits of such an agreement may be limited, there are broader strategic and symbolic motivations behind the EU's decision to pursue closer ties with New Zealand. This short article aims to delve into the motivations behind the EU's conclusion of an FTA with New Zealand and the implications of this move.

Queen Mary University of London, School of Law Legal Studies Research Paper No. 001/2024, 2024

This short article addresses six points on Brexit: first, although the European Union (EU) has be... more This short article addresses six points on Brexit: first, although the European Union (EU) has been around since the 1950s, how is it that it was only in the 2010s that everyone was talking about Brexit, Frexit, et cetera? Second, withdrawing from the EU prior to the Treaty of Lisbon; third, what were the legal options for UK-EU trade relations after 'B-day'? Fourth, Brexit is more than just trade; fifth, withdrawal negotiations; and sixth, after Brexit, what is the UK-EU trade and cooperation agreement, and what are the deficiencies?

Georgia Journal of International and Comparative Law, Vol. 52, Issue 1, pp. 1-88, 2024, 2024

As of late July 2023, the month of July 2023 had become the hottest month ever recorded in histor... more As of late July 2023, the month of July 2023 had become the hottest month ever recorded in history. Heads of the governments of small island states have been outspoken about the existential risk their countries face due to rising sea level as a consequence of climate change. Wildfires are more frequent and more negatively impactful than ever before in different parts of the world. It is no wonder that sustainability has become a buzz word in the media, and policymakers all over the world are, more than ever, focusing on trying to achieve a sustainable future.

A sustainable global economy means providing good quality of life for everyone, keeping our planet clean and safe by tackling climate change, and having good-quality trading goods, such as agriculture, oil, and minerals. But how can the European Union (EU) and international law promote a highly sustainable global economy? How can EU countries and others ensure a sustainable global economy?

This article has four sections. Section 1 proposes a climate club for a sustainable economic future. It challenges the view that trade’s only impact on the environment is negative. It takes the unconventional view that the trading system goes beyond benefiting the economy and society in that it can also contribute to environmental protection, with a specific focus on decarbonization. This section proposes a paradigm shift in how we approach trade and develops a new theory based on the triple benefit of trade—economic growth, climate change mitigation, and enhancement of energy security. This section incorporates the current trend of bottom-up, rather than top-down, solutions to today’s global challenges. It investigates how trade agreements may be more effective legal instruments than environmental agreements for environmental-protection purposes, a possibility that is both counter-intuitive and surprising, and identifies opportunities to promote sustainable energy and environmental protection in future trade agreements.

Section 2 aims to explore the concept of a climate club linked to the international trade regime and proposes a strategy for its implementation the Group of Twenty (G20) framework. Section 2 examines the relevance of this proposal to Saudi Arabia, who is a member of the G20 and a participant in Mission Innovation. Saudi Arabia is one of the world’s largest oil producers and exporters, facing both opportunities and challenges in transitioning to a low-carbon economy. Saudi Arabia has expressed its commitment to diversifying its economy, reducing its dependence on oil revenues, and contributing to global efforts to combat climate change. However, Saudi Arabia also faces resistance from some of its trading partners who may perceive its climate policies as a threat to their energy security or competitiveness. Therefore, Saudi Arabia can benefit from joining a climate club that can provide it with access to new markets, technologies, and financing for its green transition.

Section 3 analyzes the Saudi Green Initiative (SGI), launched by Saudi Arabia’s Crown Prince and Prime Minister Mohammed bin Salman in March of 2021. The SGI is a comprehensive plan to combat climate change and promote sustainable development. The initiative aims to reduce carbon emissions, increase the use of renewable energy, and protect natural resources in the Kingdom of Saudi Arabia. While the initiative has been praised for its ambitious goals, it has also faced criticism and skepticism from various quarters, which will be analyzed in Section 3.

Section 4 explores the Saudi National Renewable Energy plan that is being implemented by the Saudi Government. This plan and the policy avenues mentioned in the previous paragraphs will be instrumental for a future EU trade law and policy in its bilateral relations with the Gulf Cooperation Council in the context of sustainability.

The IUP Journal of International Relations, 2023

This paper focuses on how the trajectory of the global response to the buildup of greenhouse gas ... more This paper focuses on how the trajectory of the global response to the buildup of greenhouse gas emissions changed with the Paris Agreement on Climate Change. It explains how its positive character in fact expresses its greatest weakness, by presenting the main criticism regarding the Agreement’s rules. This paper then demonstrates that future Conferences of the Parties (COPs) are indispensable, mainly in institutional terms, as they serve as the foundation for implementing the Paris Agreement. The paper explores and discusses the question of how carbon pricing policies should be structured and to what end, in light of the urgency and scale of the challenges presented by climate change. Finally, it proceeds to discuss electric vehicles and other elements of electrification in areas with carbon-intensive electricity supply and their benefits to climate change, along with benefits from legal and economic perspectives.

SSRN Electronic Journal, 2012

Renewable Energy Law and Policy Review, 2023

Our society increasingly depends on power and fuel in daily life. This reliance encourages legisl... more Our society increasingly depends on power and fuel in daily life. This reliance encourages legislators and regulators to place the ongoing energy supply at a relatively low and fixed pricewhat is often referred to as energy securityas one of their most crucial policy goals. Contemporary research has already established that energy diversification (i.e., adding renewables to non-renewable sources) is remarkably beneficial to this objective. The main reason for this is that the different origin of energy is affected by different uncertainties and thus may remain stable when the conventional courses fail. This article aims to provide arguments for energy sources diversification. It explains why policymakers should encourage the development of specific clean energy technologies. Moreover, it assesses the advantages and risks of such a decision, and explores the involvement of the public sector in renewable technologies.

Sustainability in Environment, Vol. 8, No. 2, pp. 53-66, 2023

This article will analyse two key challenges of today: 1) energy security and decarbonization in ... more This article will analyse two key challenges of today: 1) energy security and decarbonization in the context of the United Nations' sustainable development goals, and 2) decarbonization and energy security from the perspective of environmental justice. Energy security and decarbonization are integral components of the United Nations' Sustainable Development Goals (SDGs). Specifically, they are addressed in SDG 7, which aims to ensure universal access to clean and affordable energy. Access to energy is crucial for the development of vital sectors such as agriculture, business, communications, education, healthcare, and transportation, and a lack of access to energy can impede human and economic development. In addition, the effects of climate change are disproportionately borne by those residing in the developing world. This inequity needs to be at the core of any climate change researchboth at a practical and theoretical level. However, some scholars have argued that dominant modes of thinking about climate change and environmental hazards have often chosen to ignore this inequity or have not placed such inequity at the core of their analysis. This is where the Environmental Justice movement acts as a game-changer. We argue that it provides an alternative rationality to approach environmental hazards, with the social injustices and inequities at its center that are direct or indirect effects of environmental degradation and climate change.

Journal of World Energy Law and Business, 2023

The past few decades have witnessed widespread attempts by the international community to combat ... more The past few decades have witnessed widespread attempts by the international community to combat rising global temperatures. Without a doubt, instruments such as the Paris Agreement have proven essential in fighting climate change by promoting the use of renewable energy and energy transitions. Problematically, regions that rely heavily on fossil fuel consumption, such as the Middle East and North Africa (MENA) region, have struggled in undertaking their energy transitions and decarbonizing their economies. As such, this article aims to discuss the evidence for a widespread energy transition in the MENA region via economic, legal and social reforms. This article argues that, to achieve a successful energy transition in the region, the removal of fuel subsidies must occur, the decentralization of energy markets promoted and renewable trade incentivized. It suggests that fossil fuel exporting MENA countries should continue to diversify their economies in order to reduce reliance on their energy sectors. In turn, this will enable them to undertake fossil fuel subsidy reforms and invest money into renewable energy projects uninterruptedly. To add to this, MENA countries should look to decentralize their energy markets to reduce their reliance on fossil fuels for energy production. Decentralized solar energy, in specific, has extensive potential in the region and would enable a transition toward energy selfsufficiency. This article then concludes that trade practices and climate mitigation are mutually exclusive, and proposes recommendations on how the World Trade Organization can be used to better promote energy transitions.

European Energy and Environmental Law Review, 2022

This article offers three instruments to effectively mitigate climate change in the context of CO... more This article offers three instruments to effectively mitigate climate change in the context of COP26 and beyond. The first is the interaction between the climate and trade regimes. To that end, this article presents a thought-provoking premisethat mega-regional trade agreements (RTAs) can take a significant role in climate change mitigation. It argues that mega-RTAs can go further to galvanize climate change mitigation, in particular in the energy sector. The energy sector is the largest contributor of greenhouse gas emissions, with the majority of energy consumption being supplied by fossil fuels such as coal, natural gas, and oil. As such, there are two main arguments made herein. First, mega-RTAs, as tangible indications of what is acceptable to major economies, are the impetus to influencing greater coherence on energy efficiency standards. This contributes to climate action by creating, even if to some extent, the harmonization of an otherwise fragmented status of energy governance. Second, mega-RTAs can create substantive provisions that redirect support from fossil fuels to renewable energy. This is the very essence of the energy transition. It is envisaged that these two roles conveyed effectively through mega-RTAs can substantially support the energy transition and amounts to action that mitigates climate change and promotes sustainable energy. The second instrument to effectively mitigate climate change is the role of two major Asian countries that are key in the fight against climate change, namely India and China. Both countries can play a major role in effectively mitigating climate change in the future, following the agreement at COP26 that coal must be phased down. Lastly, the third instrument is visualizing what a decarbonized future would look like. Two of many possible pathways for decarbonization are examined: clean-energy technologies and shale gas as a bridge to sustainability. The article argues that these pathways can be meaningful for effective climate action and are in alignment with the Glasgow Climate Pact.

University of Pennsylvania Journal of International Law, Vol. 44, Issue 3, 2023

This article explores the links between climate neutrality and sustainability in the context of i... more This article explores the links between climate neutrality and sustainability in the context of international trade. For that, it tackles seven main concerns: 1) what do industry leaders now need from policymakers to make them the frontrunners in the global transition to climate neutrality? 2) what coalitions are necessary to build and who are the partners and networks to support an ambitious and meaningful business dialogue on the transition to climate-neutral industries? 3) what is the sustainability agenda in the international trading system and what is the path forward for furthering sustainability in trade policy? 4) how will countries reach sustainable global integration? 5) what will be the role of climate change in the future global trading system? 6) what are the possible impacts of climate change on international trade and investment? And 7) what is the European Union's approach to environmental concerns in trade agreements?

Policy Brief, T7 Task Force Climate and Environment, G7 Germany’s Presidency 2022, 2022

An effective, legally binding, and enforceable climate club needs to be immediately created. The ... more An effective, legally binding, and enforceable climate club needs to be immediately created. The climate problem has become a threat to humankind. The historical perpetrators are the western countries, but today increasingly major developing countries. The climate-club solution may prove to be multidimensional in that it may have benefits for famine, net greenhouse gas emissions, biodiversity loss, air pollution, et cetera. Nobel-prize winner William Nordhaus so aptly highlights how climate mitigation solutions must also be sought outside a multilateralism that, under its current form, has persistently failed to produce a legally binding international agreement on climate change when one considers the last 30 years of its life, namely since the early 1990s. Such solutions must be well attuned to the realities of failed multilateralism, including the lack of adequate and binding targets, incentives, and penalties to achieve critical mass in global mitigation efforts, which is why Nordhaus calls for some complementary solution to multilateralism-namely the climate club model-that takes stock of existing pitfalls. The G7 (and G20) is a great platform to create an effective climate club. To solve the issue of potential resistance, membership could be designed in an open / gradual / incremental way.

in G. Tiess, T. Majumder, and P. Cameron (eds.) Encyclopedia of Mineral and Energy Policy, chapter 51-1, Springer: Berlin and Heidelberg, pp. 1-17, 2022, 2022

This chapter explores the current picture of Slovakia’s domestic energy market, the national real... more This chapter explores the current picture of Slovakia’s domestic energy market, the national reality concerning decentralization efforts as well as their suitability to achieve it. It assesses the current situation of new technologies, namely smart grids, electric mobility, demand response, and electricity storage technologies. Further, it looks at data protection concerns in the development of new technologies. This chapter then critically analyses the relevant novel policies in place and projected promising policies for upcoming years in terms of encouraging regional cooperation, interconnection, consumer empowerment, decentralization, and the deployment of new technologies towards a more secure and “smarter grid.” This chapter concludes that Slovakia depends largely on its domestic production of nuclear energy and the import of primary energy sources to meet its primary demand. In such a position, the implementation of decentralized electricity generation becomes a priority. In terms of legal environment, Slovakia offers remarkable and suitable conditions to continue developing new technologies in the energy sector. Its regulatory framework presents a valuable basis −although not developed enough− to drive this paradigm shift.

Research Handbook on Climate Change Mitigation Law, 2021

This chapter examines the climate change mitigation law and policy of five major developing count... more This chapter examines the climate change mitigation law and policy of five major developing countries: Brazil, Russia, India, China, and South Africa (i.e., the BRICS). It will first analyze the case of Brazil, then India, China, Russia, and lastly South Africa. The chapter explores the main causes of Brazil’s contribution to global climate change (namely deforestation, cattle ranching, agricultural expansion, and energy production). It then offers mitigation strategies for the case of India and makes the case for investing in cities, solar energy, hydropower, and electric vehicles. The chapter then explores China’s position in the mitigation of climate change by analyzing key policies such as carbon pricing, energy efficiency, renewable energy, and fossil fuels. It then turns to Russia to examine its domestic policies to reduce carbon emissions. Lastly, it examines South Africa’s climate change mitigation regime.

Georgetown Environmental Law Review

THE PARIS CLIMATE AGREEMENT IS UNDOUBTEDLY ONE OF THE GREATEST DIPLOMATIC ACHIEVEMENTS OF THE OBA... more THE PARIS CLIMATE AGREEMENT IS UNDOUBTEDLY ONE OF THE GREATEST DIPLOMATIC ACHIEVEMENTS OF THE OBAMA-KERRY ADMINISTRATION. YET UNDER THE TRUMP PRESIDENCY, IT IS UNDER THREAT OF BEING DISMANTLED, JUST LIKE MANY OTHER INTERNATIONAL AGREEMENTS, SUCH AS THE TRANS-PACIFIC PARTNERSHIP. THIS ARTICLE EXPLAINS THAT SUCH DISMANTLING WILL BE HARD TO ACHIEVE BECAUSE THE SUCCESS OF THE PARIS AGREEMENT DOES NOT ONLY REST IN ITS NEGOTIATION PHASE, BUT IS SUPPORTED THROUGH A BOTTOM-UP APPROACH IN THE IMPLEMENTATION PHASE AND THE POTENTIAL OF THE INTERNATIONAL TRADING SYSTEM. WITH AN ANALYSIS OF THE CLIMATE REGIME’S NEGOTIATION AND IMPLEMENTATION, THIS PAPER AIMS AT DEMONSTRATING WHY DISMANTLING THE PARIS CLIMATE AGREEMENT WILL BE HARD AND NOT FAVORED BY THE PLURALITY OF ACTORS INVOLVED IN THE PROCESS.