Study Of The Legal Issues Of International Energy Cooperation

With the globalization of energy sources, international energy cooperation has become a common concern all over the world. Since 1970s, scholars in developed industrial countries of the west have been paying much attention to this subject. However, most of them studied it on a perspective of politics, economics, or diplomatic strategies. The exploration of legal perspective on this issue is still in want. Also, scholars in China have explored the international energy cooperation from the aspects of politics, economics, or diplomacy, the inquiry from the view of jurisprudence remains to be covered.From the point of international economic law with the means of politics, economics and diplomacy, this dissertation combines jurisprudence with legal practice, utilizing theoretical, positivism and historic means to discuss legal problems in the international energy cooperation, to conceive legal principles, plan regulations and legal system in the cooperation, and to propose the legal strategy for China in order to cooperate with others efficiently.The whole dissertation comprises of six chapters.The first chapter is a general description to international energy cooperation. It analyzes the contents of international cooperation of energy sources and major factors which affect the cooperation, such as economics, investment, population, ecology, technology and law; probes the basis of international cooperation, that is the instability of worldwide petroleum resources, the idea that international energy cooperation promotes global balance in the future and the fact that international practice of energy needs cooperating rules. It also expounds the legal ways of international energy cooperation in terms of trade cooperation, contract cooperation and investment cooperation; detects the deficiency in corresponding international peremptory norm in the field of international energy cooperation. The tendency of international cooperation continuously advances new requirements to traditional rules of international energy cooperation. And the cooperation itself is a dynamic and conflicting process. Nations, international organizations, intergovernmental organizations, transnational nongovernmental organizations, transnational corporations and individuals are all involved in it. In the meantime, the balance of power for the cooperation and against it has changed time after time. All of these factors determine that it is hard to formaulate etemai rules of international energy cooperation. Compared with the past, change is more likely to happen now. Thus, it is urgent to set up a worldwide energy organization so that complete and comparatively stable rules can be created. The essence of this chapter is to emphasize the legal factors which influence international energy cooperation, showing that practice needs rules cooperation in the field of international energy.The second chapter analyzes the legal practice in international energy cooperation. By means of jurisprudence, economics and politics and historic analysis, it discusses the multilateral cooperation, such as OPEC, international energy agencies, Energy Charter Conference, G8 Summit and UN conference, analyzes the regional cooperation, such as the Commonwealth of Independent States, the Caspian Sea-Black Sea Region, European Union, the Asia-Pacific region, Shanghai Economic Cooperation, NAFTA and OAPEC, discusses the cooperation in major import countries, such as US, European countries and Japan, and analyzes the cooperation in major export countries as well, such as Russia, countries in the Persian Gulf, Northem African countries and Latin American countries. It wants to find out the experience and legal problems in the cooperation by analyzing legal practice of existing international energy agencies and major import and export countries.The essence of this chapter is to testify that the existing cooperation in international energy lacks legal mechanism to regulate, no matter it is multilateral, regional or bilateral one. It holds that only construct the legal system for international energy cooperation, could all critical problems be resolved.The third chapter conceives legal principle for international energy cooperation, that is, the sovereignty principle, the principle of seeking collaborative development, the principle of the establishment of a new order in international energy relations, energy security principle and the principle of sustainable development of energy. These principles are endowed with new meaning in international energy cooperation.The new idea of this chapter is to put forward the construction of five principles in international energy cooperation and give them newly explanation. It also holds that global international energy organization is needed to take these principles into effect.The fourth chapter probes the institutional construction of international energy cooperation. It analyzes why International Energy Organization (IEO) was established and discusses its status and functions. IEO stems from the globalization of social distribution. The function of it is not only to collect and spread the energy information of its members, offer the opportunity of cooperation, but also provide policy suggestion. At present, energy producing, consuming and transferring countries in local layer all have their own cooperative organizations, but we need an international energy cooperation organization to solve all legal problems.The new point of this chapter is to find out the theoretic basement of international energy cooperation and offer the construction of Worldwide Energy Agency (WEA). Furthermore, it creatively explains the conception of WEA and its legal nature, function and foundation. Establishing WEA becomes the premise of constructing the legal system of international energy cooperation, the basis of the existence of the legal system of global energy cooperation and the legal format of achieving the aim of international energy cooperation.The fifth chapter probes the construction of legal system of international energy cooperation. It discusses the interdependence of legal systems of international energy cooperation. The interdependence leads to the presence of cooperation and the proper management of cooperating affairs, which shows the significance of the construction of the global legal system in energy cooperation.With the methods of jurisprudence, international law, economics, politics and study of diplomacy, it analyzes the factors as the interdependent in legal system, cost of cooperation and uncertainty of cooperating information and brings forth the basis of the legal system. It also conceives of the uniform accepted rules, legal system, and dispute settlement mechanism of WEA. In this point of view, it is the newly position of the author. The present international energy cooperation is in favor of developed countries. There are no international energy organizations on behalf of developing countries, let alone corresponding rules to comply with. WEA is ought to pay attention to how developing countries fairly use uniform rules to serve themselves. In the meantime, the function of non-governmental organizations in the legal system should be observed too.The sixth chapter is related to China's practice. As the largest developing country, China has the advantages as a big power which outshines many other countries. However, China is one of the biggest energy consuming countries. The only way to balance the supply and demand of energy is to promote international energy cooperation. In order to benefit itself in the process of international energy cooperation, China has to perfect its own energy law.Through the discussion of the legal problems of international energy cooperation existing in China and based on the uniform rules of WEA suggested before, it analyzes systematically and explores constructively the prospect of establishing China's energy law to develop its international energy cooperation. It stands that China should insist four basic principles when it Cooperates with others, that is the sovereignty principle, the principle of establishing a new order in international energy relations, energy security principle and the principle of sustainable development of energy. China should take part in international energy cooperation actively, enforcing legal conscience for cooperation, promoting the construction of multilateral energy organization and its legal system, functioning well in WEA and perfecting its own related laws and regulations.The creative point is this chapter is to put forward the four basic principles China should hold and also suggest four concrete measures China could take when it involves in international energy cooperation.From the new point of international economic law, this dissertation deals with the definition of international energy cooperation and analyzes its influential factors, finds out the foundation which leads to cooperation, comments on the existing legal practice of international organizations, makes discovery of former experience and problems of cooperation, puts forward the construction of WEA as a legal organization in international energy cooperation, conceives the legal principle and system of cooperation and pictures systematic strategy for China's participation in cooperation as well as in energy legal system.This dissertation is original and prospective in its framework and the proposed system on international energy cooperation, which illuminates and is used for reference for legal practice in international energy cooperation. Also it systematically gives a theoretical analysis to resolve future legal problems in international energy cooperation.