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Extended application of 'best available techniques' as a means to facilitate ecological governance: Assessing the legality of an ecologically oriented interpretation in the European Union of 'best available techniques' under international trade law and in particular in relation to energy production

Giljam, R. A., 2018, In : Journal of Energy and Natural Resources Law. 36, 2, p. 181-208 28 p.

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  • Renske A. Giljam

This article examines the possibility of using the concept of 'best available techniques' (BAT) to implement ecological governance in European Union energy law. Since extending the mandatory use of BAT in energy production would lead to increased implementation of rules on 'processes and production methods' (or process measures), this article primarily assesses the legality of such measures under international trade law. In this, the focus is on the implications for energy production. It appears that process measures are not categorically prohibited and that, thus, extension of the BAT concept is possible in principle. This would allow for a more holistic approach to energy production, rather than maintaining the current rigid, artificial distinction between products and processes. This new, integrated approach would enhance the level of ecological governance, which, in turn, can contribute to mitigating climate change.

Original languageEnglish
Pages (from-to)181-208
Number of pages28
JournalJournal of Energy and Natural Resources Law
Volume36
Issue number2
Publication statusPublished - 2018

    Keywords

  • best available techniques (BAT), ecological governance, energy, sustainability, trade law, extraterritoriality, processes and production methods (PPMs), World Trade Organization (WTO), European Union (EU), Energy Charter Treaty (ECT)

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