The Analysis Of Legal Mechanism Of Energy Cooperation Between China And South Asia

Energy cooperation is one of the most important issues in global cooperation.However,neither a multilateral energy cooperation organization nor a unified energy cooperation legal system has been established to regulate this issue.Transnational energy cooperation mainly protected by regional or bilateral agreement.As a result,a study of the legal mechanism for regional energy cooperation will guide regional energy cooperation.As the background of the Third Energy Revolution and The One Belt One Road Initiative,the energy cooperation between China and South Asia is booming,but current China-South Asia energy cooperation legal practice is not enough.Thus,The author hopes to make suggestions on how to build the legal mechanism of China-South Asia energy cooperation by inductive analysis,comparative analysis and historical analysis and other methods.The article consists of five parts:Part one,the overview of legal mechanism for energy cooperation.The author defined the concepts of energy cooperation and legal mechanism of energy cooperation,and also clarified the energy cooperation between South Asia and China will develop,by analyzing the time background and practical basis between China and South Asia.Secondly,analyzed the necessity of building a legal mechanism for energy cooperation and the elements that should be included in a complete legal system so as to complete the necessity and feasibility of establishing a legal mechanism for China-South Asia energy cooperation.Part two is the theoretical basis of the legal mechanism of energy cooperation between China and South Asia.This part analyzed the three theoretical basis for constructing the legal mechanism,including sustainable development theory,social control theory and new-liberal institutional theory and how to be applied in the field of energy cooperation.The third part is the legal practice of China-South Asia energy cooperation.Through summarizing the existing legal practice,it is concluded that the current legal practice is not enough to be professional and effective,and the level is weak and the content is deficient.The fourth part is the experience of international energy cooperation legal mechanisms.Through summarizing and analyzing the relevant legal mechanisms of some global and regional energy cooperation organizations,the author puts forward suggestions for the defects of the existing energy cooperation legal practice in Chinaand South Asia.Finally,this paper proposes that the SAARC Energy Commission should be built on the basis of SAARC,based on the principles of energy sovereignty,energy security and sustainable development of energy,the legal mechanism of energy cooperation should include basic energy agreement,energy trade and transportation system,energy investment system,energy cooperation security system,energy information sharing system,energy emergency reserve system,energy and environmental security system,and energy dispute settlement system and other contents,with level of domestic law and international law,multilateral treaties and bilateral agreements combined.