Research On Legal Issues Related To Northeast Asia Energy Cooperation In The Pipeline Transport

As the world economy development to oil and natural gas energy demand,pipeline transportation cooperation continual development. In northeast Asia energycooperation, pipeline transport fields of cooperation is essential, even is the mostimportant. Northeast Asia cooperation energy mainly concentrated in Russia andChina, Japan, South Korea, and between the energy areas cover oil, natural gas andcoal energy. Based on the construction of regional energy cooperation under thepremise of legal system, a series of legal issues on research, in order to pipelinetransport cooperation from all countries can help to realize the energy strategy,promote the overall regional economic development and energy security.Northeast Asian countries in the energy requirements have a different situation.This is due to the economic development level in different stages, and related industrydevelopment level and different structure. This difference makes the energy situationin northeast Asia have strong complementary to each other. And, most Asiancountries are energy importers and energy consumers, instead of relying solely on theMiddle East oil supply is put in very big risk, and at the same time there is “AsianPremium” problem. As it was, the whole of northeast Asia cooperation is in line withenergy policy and strategy of all parties, the energy exporter and a win-win situationbetween energy consumer interests. In reality, Russia implementation in northeastAsia market strategy energy development, make northeast Asia pipeline constructionbegan to enter acceleration period. But, only by market economy to transnationalpipeline of cooperation is shown slightly weak. Multinational energy pipelineconstruction related to national all sorts of different and interests, and cooperationbetween countries of the complex reaction political interests, is area energycooperation between each country carry on the political tools of wrestling. In northeast Asia region especially reflect the influence of the geopolitical, so in theenergy of the system of community building cannot ignore the political level ofexchanges and cooperation.In the “Respect for Sovereignty Principle”,“Equality and Mutual BenefitPrinciple”,“Cooperation and Development Principle” are basic principles, NortheastAsia regional energy cooperation legal mechanism and system construction, operation,implementing and dispute settlement should be around these principles. In thepipeline transportation of the basic principles involved are:“The Principle ofFreedom of Transit”,“The Principle of Non-discrimination”,“The Principle ofNon-interference”. But, Combined with the practice of political economy innortheast Asia, the principle of not to interfere with the political conflicts occur evenif may not interrupt the requirements of the energy supply, and, to some extent,ignore the political for national energy policy and the influence of the decision. Inaddition to the cooperative principles discussed, according to the jurisdiction of thepipeline and pipeline technical cooperation and pipeline security and the hairtransportation of the impact on the environment four aspects are discussed. In thepipeline transport jurisdiction has already mainly jurisdiction agreement jurisdictionand two forms. Dependency between countries are mainly applied in the jurisdictionof the pipeline docking, a full energy pipe are all in different countries as thecombination of the pipeline in the world scope of the region of the Middle Eastpipeline jurisdiction is applied this way. By agreement jurisdiction is furthercooperation between countries in the product of energy, and gradually formed a kindof the trend of the international energy cooperation. In the pipeline technicalcooperation, the relevant legal provisions shall cooperate with the provisions of theTRIPS agreement for the foundation. Specific shall strengthen to the community fromall countries patent technology protection; Set up a government department of energytechnology between regular communication system; Formulate preferential policy,law encouraging and promoting the private enterprises and state-owned energypipeline company between technical cooperation and technology transfer of the legalprovisions formulated. In the pipeline safety protection cooperation, should payattention to the pipeline integrity management, public education and safety consciousness, leakage detection, accident announcements, pipeline data collection,based international cooperation and consultation, the administrative law enforcementprocedures, and other aspects. In the adjustment of the pipeline transport andenvironment protection can be established between relationship is energy transportinformation transparent mechanism, the energy pipeline construction plan riskassessment to establish and perfect the energy pipeline pollution liability legal system.Finally, by establishing pipeline transport involves different areas of disputesettlement mechanism set up different. Many established, the multi-level disputeresolution mechanism in northeast Asia energy for the settlement of the dispute of thechannel network provide rich.