Anna Marhold

Leiden University | LEI · Grotius Centre for International Legal Studies

It is no secret that while the European Union (EU) has taken up commitments to combat climate change under the United Nations Framework Convention on Climate Change Paris Agreement and its own 2020 and 2030 climate and energy package strategy, the Union continues to be heavily dependent on the import of fossil fuels from abroad. One may even say th...

This contribution investigates the form and content of a new and updated European Union (EU) legal framework intended to regulate third-country import pipelines for gas, including the ‘upstream’ component of the Nord Stream 2 pipeline. The article will first set the scene and examine the essential features of the current legal regime regulating imp...

Dear Professor Kennedy, thank you for your inspiring, insightful and thought- provoking Montesquieu Lecture. It offers a positive outlook in these times and much of what you say resonates with me, as well as with the audience, I am sure. But since I would not be considered a decent academic if I would agree with everything you say, I will swiftly t...

This contribution explores the interplay between liberalization and decarbonization in the European electricity market. The focus of this chapter is to see whether liberalization of the EU electricity market, in Europe realized by means of the unbundling regime, inherently promotes decarbonization of the grid. In other words, it seeks to explore if...

This contribution seeks to analyse and compare WTO Accession Protocols, particularly the interpretations given relevant commitments made in them regarding energy and fossil fuels. After first providing an outline of the accession process and its importance for the natural resources and energy sector, the chapter proceeds with discussing relevant se...

Fossil fuel subsidies harm the environment, add to health hazards caused by air pollution, and delay the energy transition. Scholars and practitioners have therefore been exploring ways to reform and eliminate them. This paper discusses the practice of energy dual pricing in the broader context of fossil fuel subsidy reform. The contribution explor...

This article discusses the nexus between the ECT and the WTO in global energy governance. The two treaty-based regimes each cover an area of the global energy governance patchwork. Moreover, they are connected in substance. While the former is concerned with providing a framework for the regulation of trade in virtually all goods and services, the...

Freedom of Transit and Access to Pipeline Networks under WTO Law by Vitaliy Pogoretskyy Cambridge: Cambridge University Press, 2017 - Volume 16 Issue 4 - Anna Marhold

This contribution explores the interplay between liberalisation and decarbonisation of the European electricity market. The focus of this piece is to see whether liberalisation of the EU electricity market, in Eu-rope realised by means of the unbundling regime, inherently promotes decarbonisation of the grid. In other words, it seeks to explore if...

Liberalization of the European internal market for energy by means of unbundling and third party access alone is not enough to make renewable energy on a par with fossil fuels. To increase the production of renewable energy in its Member States, the EU has in place a set of legal instruments to promote the scale up of renewable energy production th...

The World Trade Organization (WTO) cannot deal comprehensively with restrictive export practices maintained by energy cartels such as the Organization of Petroleum Exporting Countries (OPEC). The main reason for this is the absence of competition rules in the multilateral trading system. However, in spite of the fact that the WTO does not have rule...

This article discusses the place of both the World Trade Organization (WTO) and the Energy Charter Treaty (ECT) and their role in global energy governance in the light of the fragmentation debate roughly twenty years after their establishment. The Energy Charter Secretariat (ECS), the administrative body overseeing the ECT, has taken tension and ov...

This article focuses on the Energy Charter Treaty (ECT) and what role Article 7(7) on energy transit could have played in resolving the gas transit dispute between Russia and the Ukraine in 2009. Subsequently, the article discusses Russia’s provisional application of the ECT and its withdrawal from the Treaty in October of 2009, and the implication...