Conflict Of Energy Interest In Globalization And Law Regulation

Globalization is the inevitable outcome at a certain stage of development of the history of mankind. It makes all kinds of production relationship be restructured in the world. Energy globalization is one of economy globalization, It's formation and expansion of is, first of all, because of the limitation of energy resources and non-equilibrium of distribution so that it leads to the desire for energy and interdependence among countries or local regions; Secondly, it lies in the enormous economic role and political, military significance of energy resources, energy products are a special one with combination of economic, political, military and foreign affairs; The third reason is that energy brings welfare to mankind while it causes increasing and serious negative impact to the living environment of human. Therefore there is an urgent need of law regulation to such much conflict in energy globalization. However if we want to make effective law regulation and control, all various organs in energy must play their enthusiasm and creativity.In globalization main organs include three categories:multinational oil companies, sovereign states with energy resource, international energy agencies. These three subjects have different law personality and legal status, and so their roles in international energy activities are also different. We found in research that:multinational oil company's personalities in their home state's laws are of equality, their right capability goes for the other companies; but these companies in the law of the host country are subject to such restriction so that their right abilities are incomplete, inadequate. In order to cast off these constraints in personality, some cross-border oil companies have been making a series of legal or illegal policies and measures while bringing double-sided influences to international energy cooperation. The legal status of the state with energy resource cannot be shaken, the sovereignty over their oil resources is permanent, but that does not mean that their petroleum resources are exclusive only by them. We believe that:the valuable oil resources should be shared by the world's different nations under a fair method of price but not looting or robbing. However, some oil-producing and consuming countries do not think so, there has been a conflict of interest between them, and which is often intensified and cannot be settled down by their own consultations. It requires a disinterested third-party's intervention by taking the necessary mediation or regulation. In nation an international energy agency will be created. As the conflicts of energy interests between or among countries and regions are increasing and more difficult to be dealed with, a broader and even global international energy agency is bound to be birth. We temporarily named it "World Energy Organization" ("WEO"). The purpose to establish WEO is:to equally protect the energy security of all kinds of different countries; to use energy resources by the sustainable, and most rational manner; to ensure protection of the ecological environment during the period of energy production and consumption; and to make full use of legal means to peaceful settle down international energy disputes.Transnational oil companies have been the most active actors during energy-globalization, their actions are concerned with not only their own survival, but also a decisive impact on the politic and economy of the host countries. The game between oil resource-countries and transnational oil countries has never been stopped, how to regulate their activities becomes one of the core matters by decision-making of the oil resources-countries. In this paper, after combing co-operation process between the governments with oil resources and the multinational oil companies, it mined and extracted some cooperation rules between them, and explained and demonstrated seven models of legal regulation by the resource-governments to the transnational oil companies, and which have an important guiding significance to the international energy cooperation.China has been doing a lot of good tries in regulating energy interest conflict. The implementation of two major strategies of "going out" and "bringing in" have set a role model for many countries such ideas as "harmonious", "win-win", "joint development", "fair" are gradually being passed on to all the world. It is that Chinese government and people have always maintained their position and have being working for long-term goal not only to protect national energy security, but also to promote the common development of all countries around the world. We should build a complete and tight energy legal system, in order to control the conflict in energy interest. And clearly write the purpose and principles that China is taking part in international energy cooperation, in order to turn the promises and consent to the World into our law to be enforced possibly. we make clever institutional arrangements in law to improve the competitiveness of China's energy enterprises. Through legislation in mark out energy stratagem, China will gradually dominate and lead a new world energy order. Finally China will become an engine in driving the world's energy economy, running for the world goal of "mutually beneficial and win-win situation, harmonious development".