Related Legal Issues Of International Trade In Electricity Contract Research

Economic development is so highly dependent on the energy that the state decided for economic development must first ensure adequate energy supply. In addition to oil and natural gas, electricity is the non-renewable resources of a green, the ultimate energy efficient, clean and safe. Electricity as the energy demand and supply part, not only is the alternative energy, but also coordinates the development of the relations. Along with the expansion of exchanges between the countries and the trend of economic globalization is developing in depth, the power of trade already exceeded the boundaries of the original land narrow trading market, is no longer confined to the vertical integration of countries or regions and closed or semi-closed market, but increasingly Evolution of an open international market.Through power grid interconnection of international trade may be a power swap places remaining to achieve optimal allocation of resources between countries to mutually beneficial win-win possibilities. With network interconnection technology and the rapid development of the world, as well as the reform of the power industry to more countries committed to the liberalization of the electricity market, the international electricity trade status and role of the more highlighted. As international electricity trade contract is the legal basis and security for electricity trading, and therefore it is more realistic, more important more and necessary to study on the international electricity trade contracts. The Particularity of power commodities decide the international electricity trade contracts its own characteristics, and because of the international electricity trade transactions related to the two sides of the country's political and economic interests, and therefore it is necessary to distinguish general international trade contracts and to specialized study.Most of the information available which the author referred to is studied from the professional perspective of electricity or economy. It is almost blank to research this filed as law for the starting point. This paper, from a legal point of view, apply to the economics methods, law methods, comparative study of the method and the empirical research methods to analysis the legal issues related to the international electricity trade contract.This paper is divided into seven chapters. They are:The first chapter is about the status quo of international electricity trade. Introduce the current international power development of the cross-border transactions and the necessity to speed up China's international electricity trade.ChapterⅡis about the theory of international electricity trade. Firstly, compare the international electricity trade with the international trade of goods, services and technology and then summarize the meaning of international electricity trade. The second part is about the general classification of international electricity trade on the base of international and domestic practicing of international electricity trade, including the agreement transactions (contract transactions), the futures transactions and the spot transactions, at the same time specify the scope of this paper is defined in the contract transactions. The last part is the necessary requirements of carrying out the international electricity trade.ChapterⅢis the content and features of international electricity trade contract. Comprehensive the related practicing and relevant theories to summarize the connotation of international electricity trade contracts. Analyze the characteristic of international electricity trade contract by studying the subject, the object (the unique attributes of electricity as a special commodity), the special risks of international electricity trade, the meaning, the delivery methods and the forms of this contract one by one.The fourth chapter is the basic terms of international electricity trade contract. It has 10 aspects, including the parties terms, the definition terms (learn from the electric knowledge to list 14 commonly used definition), the main obligations of parties (including the basic obligations of the purchaser and the seller), the technical security terms, the price terms, the payment terms, the insurance terms, the legal exemption clause, the law applicable terms and annex.ChapterⅤis about the special issues related to the international electricity trade contract. Elaborate on the concluding of contract (the qualifications of parties, the electricity monitoring ,the text of contracts), the risk transfer and the ownership transfer and the loss sharing, the altering of contract, the transferring of contract and the cancelling of contract, the interpretation of contract, the contract dispute settlement, the liability for breach of contract ("not as proposed pay "principle), the compensation for damage (although the state-owned assets is dominant, it does not involve state property exemption), emergencies (insurance for the third-party) and the particularity of export declaration.ChapterⅥis about the present conditions of international electricity trade in China (four characteristics). Then the author point out the insufficiencies and make recommendations. China has to strengthen the monitoring of international electricity trade, which is the need for economic security, the need for healthy development of electricity cross-border transactions, the need for stable operation of electricity system, and the need for diplomatic strategy. Finally, making recommendations for China's international electricity trade from the monitoring principles (copy well with three relationships) and the monitoring contents (monitoring on concluding contract, the main transaction parties, the price, the operation and the mixed supervision in new situation).ChapterⅦis about the conclusion of this paper. At the same time the author point out the weak of research.