Font Size: a A A

Research On The Legal System Of International Power Trade

Posted on:2021-03-30Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y WangFull Text:PDF
GTID:2416330623465659Subject:legal
Abstract/Summary:PDF Full Text Request
Electricity interconnection,as a typical example of global energy Internet connectivity,embodies the energy development concept of sustainable development and building a community of Shared future.Bilateral power trade cooperation between China and myanmar has been on the agenda,but no further steps have been taken.This paper starts from the content of international power trade,through the study and analysis of the legal system applicable to the bilateral power trade between China and myanmar,and further discusses the development obstacles and legal system loopholes faced by china-myanmar power trade cooperation.This paper tries to find out how to better regulate the bilateral power trade from WTO trade rules,bilateral contracts and agreements and domestic laws and regulations,so as to provide more effective legal protection Suggestions for overseas investment and cooperation.The thesis mainly includes six parts:The first part is the overview and development stage of international power trade.Firstly,international power trade is defined,and the current situation and basic types of world power trade are described.The different stages are divided according to the main participants and the scale of development.The typical cases of electricity trade in different stages are listed,and the system construction is summarized.The second part summarizes the characteristics of international electricity trade,analyzes its characteristics in accordance with the different stages of electricity trade production,transportation and use,summarizes the essential characteristics of electricity,and distinguishes it from ordinary trade in goods and services.The fourth part describes the applicable legal system under the bilateral power trade between China and myanmar.Enumerate one by one from three levels: international treaties and agreements,bilateral contracts and treaties,and specific regimes under domestic law.The third part introduces the current situation and necessity of power trade cooperation between China and myanmar.This paper briefly lists the specific issues of electricity cooperation between China and myanmar,and then discusses the necessity of electricity trade cooperation between China and myanmar.Just as horizontal integration and interconnection between regions have huge cost and service quality advantages,the most essential benefit of cooperation is mutual benefit.The cooperation between China and myanmar serves the interests of the two countries and is of great significance to realize the complementarity of energy and resources and promote the economic development of each other.The fourth part summarizes the legal system applicable to the bilateral power trade between China and myanmar.The international legal system mainly includes multilateral and bilateral treaties and agreements,and the specific system applicable to domestic law includes investment law,dispute settlement between foreign investors and host countries,and environmental protection law system.The fifth part discusses the legal problems caused by the defects and gaps of these legal systems.Again,from these two levels.To be specific: on the one hand,the definition and norms of electricity trade are not clear in international law,and the sales contracts signed by the two sides are not standardized.Bilateral agreements and treaties are too old to make detailed provisions on electricity trade.On the other hand,from the perspective of domestic laws,there are too many restrictions on laws and regulations related to investment,defects and gaps in the dispute settlement mechanism,and no unified legal provisions in the environmental protection law.The sixth part puts forward some Suggestions on bilateral electric power trade cooperation between China and myanmar.It is mainly based on the question raised in the fifth part to make the corresponding possibility thinking.From the multilateral field of international law,we should actively participate in the formulation of rules,and we should not give up the possibility of seeking relief from international law because of the legal gap in electricity trade,especially under the condition that domestic laws are not perfect and there is no guarantee of rights and obligations for foreign investors.From the perspective of the norms of bilateral contracts and agreements,the author believes that the system of bilateral contracts should be improved to protect the legitimate rights and interests of investors.In terms of bilateral agreements,the north American free trade agreement(NAFTA)can be used for reference.From the perspective of myanmar's domestic law,the author believes that when conditions are ripe,myanmar can timely update laws and regulations related to investment,improve trade transparency and reduce trade barriers,and improve relevant domestic and international legal systems in terms of dispute mechanism.Finally,on the issue of environmental protection,China should follow the local environmental laws and regulations of myanmar and raise the environmental standards of enterprises.
Keywords/Search Tags:Cross-border electricity trade, the WTO, Global energy Internet, Dispute settlement
PDF Full Text Request
Related items