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45 Denv. J. Int'l L. & Pol'y 51 (2016-2017)
The EU Should Merge Energy and Environmental Policy to Achieve Energy Independence from Russia

handle is hein.journals/denilp45 and id is 57 raw text is: 


                               STEPHEN  SEWALK*

     Recently,  Russia has  seen  considerable time  in the  international policy
spotlight, sending shock waves  throughout  the international community  with its
military support  during the para-military led annexation  of Ukraine's  Crimea
peninsula in March.1 The  European  Union's (EU)  energy dependence  on Russia
has hindered its ability to effectively execute sanctions against Russia for its bold
and aggressive behavior.2 These  recent events underline the serious vulnerabilities
of the EU's energy policy and demonstrate  how  energy dependence  has translated
itself into both economic and  political dependence.3  The EU   should merge  its
energy and  environmental policy together by abandoning  its ineffective European
Union-Emissions Trading System (EU-ETS) and adopt a Carbon Tax with
Reinvestment  (CTR),  reclaiming  its autonomy  and ensuring  the stability of its
multinational economy,   while simultaneously  ensuring  its ability to meet and
exceed its Kyoto commitments.4
     In this article, I begin by discussing the history of Russian and European
foreign relations, focusing on the energy policy dynamics and their effect on these
relations. I then examine   how  Russia's energy  policy is a key element  to its
foreign relations strategy. Then,  the implications of the EU's  dependence   on
Russian  natural gas are discussed, examining the seemingly  conflicting interests
between  Europe's climate and energy security goals. Finally, I demonstrate how a

* Stephen Sewalk, Ph.D., J.D., is an Assistant Professor for the Bums School of Real Estate and
Construction Management, Daniels College of Business, University of Denver. The author wishes to
thank Paul Chinowsky, Kenneth Strzepek, Frank Barnes, Lorenzo Trujillo, Ved Nanda, Lakshman
Guruswamy, Fred Cheever, Mark Vogel and Rick Leaman for insights on civil, environmental and
power engineering, tax, and environmental law. Further, the author wishes to thank Vincent Buscarello
for his outstanding research assistance.
     1. See William W. Burke-White, Crimea and the International Legal Order, 4 SURVIVAL:
     2. See Chi-Kong Chyong & Vessela Tchemeva, Europe's vulnerability on Russian gas,
EUROPEAN COUNCIL ON FOREIGN RELATIONS 1, 6 (Mar. 17, 2015) [hereinafter Chyong & Tchemeva].
     3. See id.
     4. EU ver-achieved first Kyoto emissions target, on track to meet 2020 objective, EUROPEAN
COMMIssION:         CLIMATE         CHANGE,         (Oct.        9,        2013),
http://ec.europa.eu/clima/news/articles/news2013100901 en.htm. EU emissions since 1990 have
declined 18%, by 2020 the EU committed to reducing emissions by 20%. Id.


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