A PROPOSAL CONCERNING THE ESTABLISHMENT OF AN INTERNATIONAL ENERGY LAW Cover Image

A PROPOSAL CONCERNING THE ESTABLISHMENT OF AN INTERNATIONAL ENERGY LAW
A PROPOSAL CONCERNING THE ESTABLISHMENT OF AN INTERNATIONAL ENERGY LAW

Author(s): Mădălina Virginia Antonescu
Subject(s): International Law, Public Law, Environmental and Energy policy, International relations/trade
Published by: ”Carol I” National Defence University Publishing House
Keywords: ius cogens; energy regulations; public international law; international energy law;

Summary/Abstract: Within this article, we are trying to establish the necessary legal premises for the creation of a legal body of regulations concerning exclusively the realm of energy and the energy activities, from the perspective of the public international law. The public international law is here regarded as a general framework for the future international energy law. At present, there are some special international regulations with compulsory legal force, applicable to energy activities, especially the treaty of Energy Charter. There are also, international regulations with general incidence for the international energy law, such as the UN Charter, the Charter of the Economic Rights and Obligations of the States, the UNGA resolution no. 1803 from 1962 concerning permanent sovereignty of the state over its natural resources, the International Pacts from 1966, the 1958 Convention regarding the continental shelf, the UN Convention regarding the Sea Law, from 1982, and other international treaties, conventions or UNGA resolutions incident in this field. Therefore, it cannot be asserted that there are not legal regulations regarding international energy law. A process must be started at international legal level, in order to crystallize the specific IEL regulations, by starting with those regulations of public international law already in force. In this article, we prefer to connect fundamentally the international energy law with public international law, as a body inspiring the scholars in developing the energy regulations already in force and also, in elaborating some specific regulations regarding interstate relations as relations between sovereign entities (where states are not acting de iure gestionis, as a legal quality interesting the international commercial law and not IEL as a part of public international law). On the other hand, we cannot conceive a conflict between principles of public international law (applicable, in our opinion, de iure in the international energy law case) and the principles of international commercial law, because we do not consider IEL in this article, as a domestic law, and also, due to the sovereign quality (de iure imperii) of the state when entering into a legal relation on the public international law field (and consequently, on the IEL field).

  • Issue Year: 2009
  • Issue No: 1
  • Page Range: 89-100
  • Page Count: 12
  • Language: English