Research On The Dispute Settlement Mechanism Of Energy Transit

With the development of economic globalization, energy sources play anincreasingly important role in the country’s economic development. But energyproduction centers are often separated from the consumption centers. Energycooperation mitigates the uneven distribution of energy and energy investment risks inthe international context, therefore, energy security has increasingly become anconsensus. The operative Energy Charter Treaty in1998makes energy transit as oneof its main contents, and sets up a special set of cross-border dispute settlementmechanism, the treaty is considered as the main system of rules on energy transitissues and dispute settlement mechanism, among them energy transit system is themost striking of the Treaty, which established on the basic of historical and realisticfoundation. However, this mechanism has innovations as well as limitations. As thelaunch of new channels of China’s four energy construction, increasing number ofenergy companies going-out, transit transport requires a sound legal system to protectthe construction of new energy and flow of our existing energy channel, reducing thepossibility of energy supply interruption between exporting and transiting countries,thereby ensuring our energy security.The first part introduces the origin and development of ECT, explains theconcept of energy transit transport, energy transit dispute and energy transit transportdispute settlement mechanism, introduces energy transit transport dispute settlementmechanism in several ways, describes historical background and practical backgroundof the mechanism，and evaluates the settlement mechanism finally; The second partintroduces the relevant legal provisions of the transit transport dispute settlementmechanism of energy in ECT, especially the three legal principles, specific provisionsconcerning settlement procedures. In addition, the relevant institutions of the disputesettlement mechanism have been described; The third part describes the cases ofinternational law, a brief description of the circumstances of the case, and the use ofthe dispute settlement mechanism; The fourth section discusses the inadequacies ofthe energy transit transport dispute settlement mechanism, and based on the controversial subject classify the defects of them, analyze the reasons; Finally,according to the international energy situation, I cites the case of foreign energytransport cooperation, and make the pros and cons analysis for China’s accession tothe feasibility of the Energy Charter Treaty, and put forward some suggestions forwhether China join ECT or the measures if it join ECT.