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TREATY TO THE ENERGY CHARTER AS AN INTERNATIONAL LEGAL INSTRUMENT FOR THE DEVELOPMENT OF ENERGY INDUSTRIES

https://doi.org/10.24833/2073-8420-2017-2-43-37-44

Abstract

Introduction. This article presents an analysis of the energy policy and its legal framework, in particular the 1994 Energy Charter Treaty. The author detailed the financing and possible risks when investing in this sector, noted other multilateral agreements that emerged from it, such as GATT / WTO, “The Treaty of Rome “, the Agreement on the North American Free Trade Area, MERCOSUR, etc. The article raises the question of the importance of signing international multilateral treaties and discusses ways to adopt them. The article also indicates the possibility of transition to renewable energy sources. Materials and methods. The methodological basis of the research comprised the following general scientific and special methods of cognition of legal phenomena and processes in the field of international trade law: the method of system-structural analysis; method of synthe-sizing social and legal phenomena; comparative legal method; formal-logical method; statistical method. Results. As a result of the analysis, it was revealed that for multilateral energy cooperation it is necessary to rely on an appropriate interstate agreement, which should be based on mutual political views. The article also notes that  the condition for the inevitable transition from fossil fuels to renewable energy sources should be the guarantee that the negative social and economic consequences of such a transition will be minimized. The issue is raised that regional integration based on the norms and rules of the World Trade Organization, strengthening the role of regional reserve currencies is a factor of strengthening competitiveness, security and fi-nancial and economic stability. Discussion and conclusion. It is proved that for the signing of a multilateral, let alone legally binding international agreement, certain political prerequisites, an open “window of opportunity are required, “; the need for effective energy is analyzed; the importance of providing for energy law as a separate branch of law and legislation is indicated; the importance of an energy policy as a source of stability of the sovereignty and integrity of the state, of maintenance and development of the spheres of social and economic provision and welfare of the population is substantiated.

About the Author

D. O. Kutafin
Kutafin Moscow State Law University
Russian Federation

Candidate of Science (Law), Vice-Rector for International Cooperation



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Kutafin D.O. TREATY TO THE ENERGY CHARTER AS AN INTERNATIONAL LEGAL INSTRUMENT FOR THE DEVELOPMENT OF ENERGY INDUSTRIES. Journal of Law and Administration. 2017;(2):37-44. (In Russ.) https://doi.org/10.24833/2073-8420-2017-2-43-37-44

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ISSN 2073-8420 (Print)
ISSN 2587-5736 (Online)