A Study On The Legal Problems Of Sino - Russian Energy Cooperation

Taking into consideration the nowadays condition of Chinese-Russian energy cooperation in the fields of oil, gas, electricity and nuclear power and so on, this paper shed some light on the features of energy cooperation between two countries from the legal point of view. In practice, the enterprises of China and Russia usually sign and implement a contract on the basis of a framework cooperation agreement signed by both governments. Then this paper went trough the respective legislation of Chinese-Russian energy cooperation and made some conclusions about their effectiveness. The legal basis of energy cooperation between two countries lack of effectiveness.Weak points of Chinese-Russian energy cooperation is being analyzed trough domestic legal systems of these two states, bilateral legal mechanisms and the actions under multilateral frames of cooperation. In China, a complete legal system of foreign energy diplomacy is not established yet, and the actions of government and enterprises are not good enough. Russian legal system is adverse and unstable towards investors in energy sector of economy. In the field of bilateral legal mechanisms, Chinese-Russian energy cooperation lack effective legal basis and guarantees. The types and contents of legal documents signed by both governments, departments and commercial enterprises are rather simple.China and Russia have not join any global energy organization or international treaty yet, and in some regional organizations their energy cooperation is relatively limited.Finally, assuming the ideas and considerations of many Russian and Chinese scientists and experts, this paper put forward some proposals to improve the defects in Chinese-Russian legal mechanism for energy cooperation. Regarding Chinese domestic legal system, it is proposed to prevent investment risks, improve financing system, tax system, mechanism of information cooperation, energy environmental protection and energy reserves. In respect of bilateral guarantee mechanism, some proposals are put forward aiming at the legal system of Chinese-Russian energy cooperation in the different respects. The suggestions also touch upon the strengthening Chinese-Russian energy cooperation in the framework of international treaties and global organizations. By the perfection of legal mechanism on various levels, it is supposed to build up a stable legal frame for the further cooperation between Russia and China and the energy safety of both countries.