A Study On Legal Mechanism Of Northeast Asian Cooperation On Energy Transport Security

With the gradual development of economy, energy situation that every country in Northeast Asia faces become more and more serious. Based on a shared goal of security, it becomes an important aspect of regional energy cooperation in Northeast Asia to make sure that energy' s transportation routes are unimpeded. But considering the actualities, there are many deficiencies in Northeast Asian cooperation on energy transport security, of which there is a vital problem that an effective legal mechanism to maintain and develop cooperation is lacked. Consequently, how to construct such a legal mechanism is of great theoretical and realistic significance to every country in Northeast Asia, especially to China.The security problem that Northeast Asia confronts in aspect of energy transportation includes two aspects, of which one is that the sea routes for energy transportation faces risks, and the other one is that the energy pipelines are insecure. In detail, there are complicated topography, and many geological disasters, shipping accidents and terror attacks, etc. And the complexity of the problem shows the urgency and necessity of constructing a related legal mechanism. But considering the actuality of Northeast Asian cooperation, although there is some bilateral and multilateral cooperation, there are great deficiencies, of which lack of a legal mechanism is the greatest, in Northeast Asian cooperation on energy transport security. This is because of weak consciousness of regional cooperation and influence of geopolitics and the America sector. In detail, legal bounding force, pertinence and completeness are lacked. And therefore, it is necessary for Northeast Asia to refer to some related international organizations' institution and legal system, and construct a legal mechanism of Northeast Asian cooperation on energy transport security. In detail, it should include specific mechanisms as follows, negotiation and decision-making mechanism, execution mechanism, and dispute settlement mechanism. Among them, negotiation and decision-making mechanism includes two levels, which are energy ministers' conference and energy transportation working group; execution mechanism includes several working groups, such as criminal judicial cooperation working group, information sharing working group, technology exchange working group, fund arrangement working group, etc; and dispute settlement mechanism includes early warning mechanism, negotiation and mediation mechanism, and arbitration mechanism. And in the course of constructing, perfecting and operating the legal mechanism, China should enhance other countries in Northeast Asia to recognize the shared goals, establish coordination and research institutions, and perfect or make related domestic laws and regulations.