International energy laws as tools for dealing with energy providence challenges in critical and abnormal conditions
International energy law has been legislated as an essential legal discipline since 1970 and during the last fifty years has undergone a remarkable expansion and transition, which is still ongoing. International energy law is a part of the quick expansion of international law in general that also witnessed the creation of other new areas such as environmental law, international trade law, human rights law, the law of the seas and international energy law. The new areas of international law represent a form of multi-level governance by adopting standards for national legislation and a framework for international trade and trans-border cooperation related to energy services.
The traditional theoretical concept of the relationship between international and national energy law of different countries is ill-suited to handle the complicated relationship and interplay between international and national energy law due to the special nature of the international energy market, which tends to be more globalized.
International energy law is not based on one major international agreement, but it depends on a segmented regulation of many issues, based on treaties as well as international practices by different countries, companies, as well as “soft law” or non-strict law directives. International energy law has determined the sovereignty of energy resources onshore and offshore worldwide. “Shared energy resources” in the form of transboundary oil and gas resources and watercourses is a particular problem that has specific agreements under an international legal framework to avoid geopolitical conflicts just like what took place in the past. Transboundary infrastructure for the transportation of energy also raises sovereignty issues and private international law issues, but these concerns can be included in special accredited international agreements. Legal frames like international environmental law, climate law, and international bilateral or multilateral investment treaties regulate different aspects of international energy activity.
Several geopolitical events and security disturbances are occurring in the world, which in turn threaten economic progress and prosperity in many countries and may directly threaten people’s lives.
One of the most important influences on the global economy is energy, which is greatly affected by the various turbulent events that occur anywhere on the planet. Thus, the impact of energy is reflected in different aspects of living for most countries of the world, especially since energy is a key player in various economic and life activities for all.
International energy laws and legislations must be developed in line with the changes of the current time which have been characterized by more complicated challenges and crises such as wars and natural disasters. Development of international laws should be done in a way that does not negatively affect economic activities and works to secure food and clothing for the people around the world, especially in the poor countries that are severely affected by these geopolitical conflicts and disasters.
One of the most effective ways for securing the energy in critical, abnormal conditions, or natural disasters is by supporting renewable energy sources, technologies and applications. Therefore, in the past decade, many countries in the world have expanded renewable energy capacity as a tool for those countries to secure energy independence and greater energy security through the diversification of energy sources, expand electricity access in rural and remote areas, and contribute to international efforts to reduce growth in carbon emissions. While many countries in the world already had renewable energy sources before the past decade.
The development of new laws and legislation is considered a roadmap for securing the energy needs from both traditional and renewable energy sources. These legislations have to aim at regulating the oil & gas energy market worldwide to get good benefits for both the hydrocarbon producers and consumers at the same time regulating supply and demand to achieve the economic targets of oil & gas producers and consumers.
On the other hand, the new energy legislation has to support and encourage increasing dependence on the new renewable or green energy sources like hydrogen and solar energy as a solution for stabilizing the oil & gas energy market and supporting the environment conservation by using clean/green energy for reducing carbon emission and control the serious climate changes.
Critical climate changes have created a new concept of “climate justice” which relates to the impact of energy activities and projects on local communities and people in most countries in the world. This impact may be very dangerous in the future if pollution and carbon emissions continued increasingly. International energy law influences the content of national energy law by setting up rules that must be reflected in domestic law, and by establishing legal tools, frameworks, and models for regulating the energy activities by formulation difficult for states to deviate from in a globalized world.
The international legal rules affecting renewable alternative energy resources are amongst the most important legal and environmental issues of the near future. As traditional energy sources are depleted, new technologies are being developed to harness the potentials of wave, current and tidal energy, coastal wind power, offshore geothermal, polar energy resources and space-based solar collection. The legal rules governing the alternative energy resource potential of all international common areas – the high seas and the polar zone should have a detailed, but precisely analyzed text; also, the international environmental rules affecting exploration, exploitation and use of internationally situated energy resources, besides energy resources located offshore under national laws have to be taken into consideration.
These laws and regulations have to be directed for a critical look at the connection between efforts to control greenhouse gases and the growing interest in non-polluting alternatives found in the international “common”. The result is a work of unprecedented value for environmental and international law organizations and those interested in environmental resource economics and politics.