The war on energy: why the United States and the international community need cohesive energy infrastructure security policy.

(167.) Press Release, IAEA, IAEA Board of Governors Approves IAEA Action Plan to Combat Nuclear Terrorism (May 2004), available at http://www.iaea.org/NewsCenter/ PressReleasesi2002/prn0204.shtml ("[T]he Board has recognized that the first line of defense against nuclear terrorism is the strong physical protection of nuclear facilities and materials."); see also NUCLEAR THEFT AND SABOTAGE, supra note 166, at 1 ("[N]uclear facilities and materials--along with a wide range of other especially hazardous facilities and materials--must be protected from mass-consequence sabotage. Securing these materials and facilities must be a top priority on the international agenda....").

(168.) IAEA, Nuclear Security--Measures to Protect Against Nuclear Terrorism, at 5, IAEA Doc. GOV/2004/50-GC(48)/6 (Aug. 11, 2004) [hereinafter Nuclear Terrorism].

(169.) See ANNUAL REPORT, supra note 164, at 54 (describing the work of the International Nuclear Security Advisory Service (INSServ) and the International Physical Protection Advisory Service (IPPAS)).

(170.) IAEA, Code of Conduct on the Safety and Security of Radioactive Sources, IAEA Doc. IAEA/CODECO/2004 (Jan. 2004).

(171.) Id. [paragraph] 18.

(172.) Id. [paragraph] 20.

(173.) See NUCLEAR THEFT AND SABOTAGE, supra note 166, at 1 (referring to evidence of al-Qaeda's efforts to purchase stolen nuclear material from the former Soviet Union). The author also notes that "Osama bin Laden has called the acquisition of weapons of mass destruction a 'religious duty'...." Id.

(174.) See Energy Security Hearing, supra note 3, at 17 (statement of Gal Luft, Executive Director, IAGS) (referring to a terrorist strike on Ras Tanura).

(175.)See Nuclear Terrorism, supra note 168, at 5.

(176.)See ANNUAL REPORT, supra note 164, at 54.

(177.)See S.C. Res. 1373, supra note 157.

(178.)U.N. System Organizations, http://orgs.unsystemceb.org (last visited Jan. 27, 2007) (listing the specialized agencies organized under the United Nations).

(179.) See Int'l Maritime Org. (IMO), International Ship and Port Facility Security Code, (Dec. 12, 2002), available at http://www.turkloydu.org/EN/SEA/ISPS_Code_en.pdf [hereinafter ISPS Code].

(180.) Sean D. Murphy, ed., Contemporary Practice of the United States Relating to International Law: International Oceans, Environment, Health, and Aviation Law: Establishment of U.S. Antiterrorism Maritime Transportation System, 98 AM. J. INT'L L. 588, 589 (2004). The IMO Assembly, in November 2001, began reviewing internal documents to determine if they were in need of updating due to the threat of maritime terrorism. Id. The ISPS Code is the product of that internal review and was adopted in December 2002 at the Conference of Contracting Governments to the International Convention for the Safety of Life at Sea. See ISPS Code, supra note 179, at Foreword.

(181.) ISPS Code, supra note 179, at Foreword.

(182.) See Parker, supra note 109; Murphy, supra note 180, at 589 (stating the IMO was pursuing the issue of maritime security while the MTSA was being drafted and enacted). Furthermore, the article states, "Like the MTSA, the ISPS Code takes the approach that ensuring the security of vessels and port facilities is basically a risk management activity that entails, after assessing the risks for individual ports and vessels, identifying and undertaking appropriate security measures." Murphy, supra, at 589.

(183.) See ISPS Code, supra note 179, [subsection] 9, 15 (describing the Ship Security Plans and the Port Facility Security Plans).

(184.) See 46 U.S.C. [section] 70103 (2002).

(185.) See ISPS Code, supra note 179, [subsection] 9, 15.

(186.) See id. [subsection] 4.3, 4.4.

(187.) See id. [subsection] 12-13, 17-18.

(188.) Murphy, supra note 180, at 589.

(189.) Id.

(190.) See Murphy, supra note 180, at 589.

(191.) See ISPS Code, supra note 179, at Preamble.

(192.) Id.

(193.) See Rosand, supra note 157, at 333.

(194.) Id. at 334, 337.

(195.) See supra Part III.B.2-3.

(196.) See supra Part II.A.1-3.

(197.) See Klare, supra note 78, at 423 ("But whether this merging of energy policy with military policy actually will succeed in ensuring United States access to ever-increasing supplies of imported petroleum remains to be seen: As suggested above, the deployment of U.S. military forces in areas with a history of anti-American or anticolonial outbursts is likely to fuel additional violence, not quell it; and as the level of violence rises, oil production is likely to fall.").

(198.) See Murphy, supra note 180, at 589.

(199.) See Energy Security Hearing, supra note 3, at 16 (statement of Gal Luft, Executive Director, IAGS).

(200.) See Davis L. Brown, European Collective Security in the Next Millennium, 42 A.F.L. REV. 201, 203-04 (1997) (describing the original mission of NATO as demonstrating "a common front against the threat of Soviet aggression and expansion into Western Europe").

(201.) See id. at 203 ("We will put the finishing touches on a reformed command structure to improve our capability to carry out NATO's new mission of crisis management....").

(202.) See Energy Security Hearing, supra note 3, at 25 (statement of Gal Luft, Executive Director, IAGS) (calling the Forum NATO's "largest and most important annual gathering"); see also North Atlantic Treaty art. 4, Apr. 4, 1949, 63 Stat. 2241, 34 U.N.T.S. 243, available at http://www.nato.int/docu/basictxt/treaty.htm ("The Parties will consult together whenever, in the opinion of any of them, the territorial integrity, political independence or security of any of the Parties is threatened.").

(203.) Interview with General James L. Jones, NATO Supreme Allied Commander, and Commander of the United States European Command, http://www.energysecurity.org (on file with author).

(204.) See, e.g., Post-Rita Gas Prices, supra note 2, at 18.

Richard A. (Tony) Leibert, B.A., Vanderbilt University, 1999; J.D., University of Houston Law Center, expected 2007. Before attending law school, Tony was an infantry officer in the United States Army. The Author wishes to thank his longsuffering wife, Kristen, for her constant encouragement and the members of HJIL for their tremendous editorial efforts. This Comment received the 2006 James W. Skelton, Jr. Writing Award for an Outstanding Comment in the field of Public International Law.