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Europe Daily Bulletin No. 10646
Contents Publication in full By article 35 / 35
WEEKLY SUPPLEMENT / European library

No. 965

*** QUENTIN MICHEL: Concilier l'inconciliable. Les régimes internationaux et européens de contrôle du commerce nucléaire. Presses Interuniversitaires Européennes / Peter Lang (1 av. Maurice, B-1050 Brussels. Tel: (41-32) 3761717 - fax: 3761727 - Email: info@peterlang.com - Internet: http://www.peterlang.com ). "Non-Prolifération" series, No. 6. 2012, 309 pp. €41.50. ISBN 978-90-5201-799-0.

Given that the future of nuclear power for peaceful purposes is still the subject of much controversy in many Union countries, that countries that have nuclear weapons are toying with the uncomfortable idea of total nuclear disarmament and the nuclear goals of Iran episodically cause a lot of tension, this book comes at exactly the right time. As explained in the preface, Odette Jankowitsch-Prevor, a legal expert at the International Energy Agency, where she heads the External Relations Office, illustrates how this study provides a very timely examination of, “the measures for controlling the risks of proliferation, given the growth internationally of the trade and investment in nuclear goods and technology”.

Quentin Michel is a senior lecturer in European studies at the faculty of law and political science at the University of Liège. In his book he analyses and retraces developments in the international system for controlling the transfer of nuclear weapon-related goods since the former nuclear monopoly by the military, to the globalised civilian industrial and commercial cooperation that exists today. In a “preliminary” chapter, he subsequently looks at the origins and approaches adopted by the main players in this constantly evolving system, which enables him to methodologically and analytically identify the diverse strata linked to decisive events such as the collapse of the Soviet Union, secret nuclear programmes in Iraq and later in Libya and the perception of the threat of “nuclear terrorism” following the 11 September. Each of these events has seen the strengthening of the system for checking and controlling the transfers of nuclear goods and technologies. The author provides a detailed legal analysis of the subject in the book, as well as the instruments developed to this end, whether they are formal, such as the Treaty of Non-Proliferation, which has become “an immutable pillar of international law” in this area or informal instruments.

Nonetheless, it is by comparing these international regimes with those put in place by European Union member states and seeking to understand how this and the EU 27 can be reconciled with regard to their international commitments in terms of tackling the risks of the proliferation of nuclear arms and economic development of industries links to the nuclear industry that Professor Michel demonstrates his superlatively innovative approach. Three chapters focus on the specificity of the early development of the nuclear industry and the complex genesis of nuclear standards in Community Europe. This analysis also contains an insight into the evolution of the nuclear weapons non-proliferation regime and a methodological examination of the systems in place for inspecting the transfer of nuclear equipment that have gradually been set up by the Union. He subsequently demonstrates that the specificity of the regimes developed in this connection is, “determined by the theoretically inevitable conflict between the supranational character of the Union, primarily with regard to the exclusive remit it has in trade, as well as the nature of nuclear policy, particularly non-proliferation, which has remained an area in which policy is managed by member states”. The author also illustrates a particularly complex mosaic, where each state has established its own non-proliferation policy and agreements in which it has participated and its subsequent regime for controlling the transfer of nuclear goods. The author demonstrates that except for a few exceptions particularly related to the European Atomic Energy Community, “there has not been any real integration between member states' transfer policies”. Even worse than this, the eradication of internal Union border controls from 1 January 1993 has in fact allowed for the free circulation of nuclear products and has also, “indirectly but significantly affected the water-tightness of national control regimes”. It is possible that rogue or malevolent elements could be tempted to transit merchandise through a country seen as being less strict in terms of the control systems in place. This would suggest, as in the case of the single currency, that national sovereignty can have its reasons that reason ignores …

Michel Theys

*** BRAM DELVAUX, MICHAËL HUNT, KIM TALUS (editors): EU Energy Law and Policy Issues. Intersentia Publishers (31 Groenstraat, B-2640 Mortsel. Tel: (32-3) 6801550 - fax: 6587121 - e-mail: mail@intersentia.be - Internet: http://www.intersentia.com ). "ELRF Collection" series. 2012, 395 pp. €145, £138, $203. ISBN 978-1-78068-048-4.

Set up five years ago to promote academic research in the field of energy law and develop ties between those carrying out this research or who are involved in the sector, the Energy Law Research Forum swiftly and decisively became an essential reference point in this field by way of three conferences and another three books it published on the subject. Judging by the evidence, the third of these three books also looks like it will become an authority on the subject. One major feature in its favour can be located in the fact that it includes several different contributions that examine the “Third Energy Package” in a number of different perspectives. This package sought to improve the way in which the gas and electricity markets operate. The two authors subsequently analyse the new provisions relating to the un-bundling and role the regulatory authorities are expected to play. This leads them to assert that a certain clarification will result from this process, given the still unfinished revolution sought by the Commission in this domain. Another incisive analysis focuses on the legal framework to be be applied to gas and electricity transmission network operators. Three authors look at how the obligations in the public service and their interaction with competition and liberalisation will function once the Third Package is in force, given the need to ensure respect for the universal service, security of supply, environmental protection and consumer rights, which will require precautions being put in place by the public authorities. Other specialists in this area tackle issues such as private networks and systems closed off from distribution, setting network prices (which is at the heart of the regulators' remit) and European responsibility in the civilian nuclear field, which is now at a crossroads in its development. The book does not simply restrict itself to the legal ramifications of the Third Package because it also tackles different questions relating to competition in the energy arena and external relations in the field of the emerging green energy market. This really is a useful reference book!

(PBo)

*** MARTHA M. ROGGENKAMP, OLIVIA WOOLLEY (editors): European Energy Law Report IX. Intersentia Publishers (see address attached). "Energy & Law" series, No. 13. 2012, 252 pp. €115, £109, $161. ISBN 978-1-78068-079-8.

This ninth report focuses on European energy law and similarly to previous issues, follows a seminar organised in the Netherlands to review the most important developments that have occurred at international, European and national levels in the energy field, as well as issues relating to climate change. Specialist legal and sector experts contribute to this book, which is divided into four different parts. The first part focuses on the role of jurisprudence in the liberalisation of the European Union's energy markets, which also includes a contribution assessing the impact of European Court of Justice rulings on the Second Energy Package. Legal limitations created by government intervention in setting energy prices on liberalised markets are also analysed. The second part of the book looks at transparency and conceptualisation problems occurring on the energy and fuel markets. The authors also look at the new regulation that seeks to guarantee fairness and transparency in the retail energy market and its impact on the upstream gas markets. Two other authors examine the options for end users in the carbon trading schemes. In the third part of the book, challenges relating to the development of energy infrastructures are methodologically tackled, particularly in light of the ideas put forward by the Barros Commission. The last part of the book looks at energy supply security and the opportunities and challenges for introducing different kinds of gas supply in Europe. Some contributions assess the draft Convention put forward by Russia in this field and how it could possibly follow on from the Energy Charter.

(PBo)

*** NINA BACHKATOV: L'énergie diplomate. Enjeux et effets de la diplomatie énergétique de la Fédération de Russie. Editions Bruylant (Groupe De Boeck, 39 rue des Minimes, B-1000 Brussels. Paris. Tel: (32-10) 482511 - fax: 482693 - Email: commande@deboeckservices.com - Internet: http://www.bruylant.be ). 2012, 262 pp. €45. ISBN 978-2-8227-3584-7.

After having worked for many years as a press correspondence in Moscow, the journalist, Nina Bachkatov, has capitalised on her perfect knowledge of the Soviet and subsequent Russian terrain to draft a Ph.D. thesis at the Université libre de Bruxelles. This book is an adaptation of the thesis and seeks to reach a broader public. Although the book looks at the Russia of Vladimir Putin, readers will not be disappointed because it sheds light on how the residents of the Kremlin use the country's immense energy resources as a diplomatic tool to become a major player in the globalised context of the post Cold War. In her conclusions, she points out that although Russia's energy potential is enormous, Russia is obliged to co-operate because it lacks both technology and capital. According to the author, the West tended to underestimate Russian strengths and Putin had no other choice but to get the West to believe that the country's energy diplomacy was not an attempt to use the country's economic advantages as a politico-strategic weapon, which explains why it was no longer possible to maintain the dialogue in a strictly commercial framework. The Europeans and the West proved incapable of accommodating themselves with the situation in Russia based on the example of those promoting the European Union Eastern Partnership and their action revealed that an anti-liberal Putin inspired conservatism did indeed exist. The author also looks at the abundant supplies of two other resources in addition to energy, namely, water and arable land in Russi. This study gets to the bone of the historic, geographical and cultural roots underpinning Russia's approach in the world, particularly with regard to energy relations between the country and the Union.

(MT)

*** ROMAIN YAKEMTCHOUK: La diplomatie russe. De Pierre le Grand à Vladimir Poutine. Editions L'Harmattan (5-7 rue de l'Ecole-Polytechnique, F-75005 Paris. Tel: (33-1) 40467920 - fax: 43258203 - Email: diffusion.harmattan@wanadoo.fr - Internet: http://www.librairieharmattan.com ). 2012, 130 pp. €14. ISBN 978-2-296-96725-0.

Romain Yakemtchouk was Emeritus Professor at the Catholic University of Louvain and worked for many years as the editor-in-chief of the "Studia Diplomatica" journal. He was unable to see his last book published because he passed away at the end of last year (at the end of the book, readers can discover a homage to him by Professor Claude Roosens read out during his funeral). For many years he also worked as a scientific adviser to Institut royal des relations internationales in Brussels. In this book he dissects Russian foreign policy at the time of the Soviet Union, in light of the historic figures that have led the country over the past 350 years from Peter the Great to Vladimir Putin, as appropriately explained in the subtitle. Through his portraits of the biggest names in czarist, Soviet and current times in Russia, we get a picture of Charles Robert Nesselrode in the 19th century, to Sergei Lavrov today, passing through descriptions of Trotsky and Molotov. All this helps to create an overview and subsequent clarification of some of the permanent features in the country, as well as some of the radical changes that have occurred there.

(MT)

*** ELISABETH SCHLEICHER: Positive Peace in Kosovo. A Dream Unfulfilled. Editions Peter Lang (1 Moostrasse, Postfach 350, CH-2542 Pieterlen. Tel: (41-32) 3761717 - fax: 3761727 - Email: info@peterlang.com - Internet: http://www.peterlang.com ). "Politik und Demokratie" series, No. 25. 2012, 310 p. €48.40. ISBN 978-3-631-60678-0.

Elisabeth Schleicher worked in Kosovo between 2006 and 2007. She then began her doctoral thesis, which she defended almost 2 years ago at the Political Science Institute at the University of Vienna. This is a condensed and revised version of this scientific undertaking, which she provides in this book. In it she illustrates how Kosovo, whose declaration of independence was approved by the International Court of Justice in July 2010, still remains a fragile state. Although the international presence there has bolstered a relative stability and democratic institutions have been set up, her examination reveals that most of the work still lies ahead of the country if it is to develop a democratic political culture. The country still suffers from serious ethnic tension that pits Serbs against Kosovans. Similarly, despite the efforts made by the international community and the European Union in particular, the economic and social situation in the country remains disastrous. The book illustrates that one out of two Kosovans is unemployed, although the country has the youngest population in Europe. 70% of Kosovars are under 30 years old. The author meticulously demonstrates throughout the six chapters of the book that Kosovo remains in many respects incapable of providing security and any degree of well-being to its nationals or of creating a climate of peace that is more than just the simple absence of violence …

(PBo)

*** ALI AMAR, JEAN-PIERRE TUQUOI: Paris-Marrakech. Luxe, pouvoir et réseaux. Calmann-Lévy (31 rue de Fleurus, F- 75006 Paris. Tel: (33-1) 49543600 - fax: 49543640 - Internet: http://www.calmann-levy.fr ). 2012, 205 pp. €16. ISBN 978-2-7021-4258-5.

In this publication, two well-known journalists examine the fascinating city of Marrakesh, where tourists rub shoulders with rascals, libertines and high-class swindlers. The authors subseuqnelty invite the reader to take a plunge into the, “extravagant and almost incestuous relations” that unite France and Morocco.

(MT)

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