Research On The Rule Approach To Energy Trade Security

Energy security not only serves as the foundation of the economic security of one country, but also attaches great importance to world's peace and development. With the background of economic globalization and the increasingly intense trend of energy allocation, it is certain that the interdependence in the energy field among all states should be enhanced. Each state, large or small, strong or weak, could not independently solve its energy security problem, and have to ensure its energy security through global and regional cooperation.One of the key aspects of energy cooperation is the progress of energy trade. With the reality that most states including China have reliance on import energy bearing in mind, this article analyzes from import states'views and focuses on supply security.As the traditional method of solving the energy trade security problem, energy diplomatic embodies increasing limitations under the background of economic globalization and the new world's energy situation. With the latest concern about the influence of climate change, diplomatic approach finds itself greatly trapped in the conflicting interests. Since the rule is quite equivalent to security, energy security could be ensured and allocation efficiency reached providing that energy trade is based on stable and predicable rules. Rules accomplished by fully bargain and coordination is more likely to strike a balance among conflicting interests, thus lays solid foundation for energy security. Hence, this article proposes the rule approach to energy security.Followed by this rule approach, this article firstly examines the existing rules of energy trade in different levels. Exploration on GATT/WTO rules is made at the multilateral level, review on the Energy Chapter of North American Free Trade Agreement and the European Energy Charter Treaty is placed at the regional level, and case analysis on Sino-Russia energy cooperation is carried out at the bilateral level.This article then designs the rule approach to energy trade security with the application of the method of Law and Economics, which could be listed as these three dimensions. Firstly, as to the level option, there is still strong pragmatic need for bilateral cooperation. While the regional arrangement functions effectively and fruitfully, its long-term effect deserves further examination. Though negotiation at the multilateral level has been launched, it has a great task to perform and a long way to go. Secondly, as to the internal arrangement, the role divergence between the import states and the export states determines the conflicting objects between seeking credibility and avoiding commitment. Accordingly, the credibility-enhancing measures which meet the import states'needs should be introduced rationally. Thirdly, as to the external structure, while the rule approach is conformed to the overall interests of import states, different import states will play different roles in the construction of rule approach depending on the divergence of energy demand and national power.Based upon the above analysis, this article draws back to Chinese context to speculate about the China's rule approach to stern energy security situation. This article insists that China should adopt the trinity of rule approach due to its dual roles of large energy import state and large developing country. China should play a constructive role in the formation of energy supply role as well as considering and striving for developing countries'interests, thus establish itself a capable and responsible image and make important contribution to the construction of multilateral energy rules and the safeguard of world economy and security.Finally, as the conclusion, this article raises the proposition of energy under the rule of law through rule approach.