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Topical Issues Of Harmonization And Development Of The Legislation Of The Member States Of The Collective Security Treaty Organization In The Field Of Strengthening Of Energy Security
 
PIIS231243500021986-2-1
DOI10.18572/2410-4390-2018-2-74-79
Publication type Article
Status Published
Authors
Vadim V. Shabunya 
Occupation: Assistant Professor of the Department of Administrative and Energy Law
Affiliation: Gubkin Russian State University of Oil and Gas
Address: Russian Federation, Moscow
Journal nameEnergy law forum
EditionIssue 2
Pages74-79
Abstract

Energy security is an important component of the national security of the member states of the Collective Security Treaty Organization (the CSTO), and ensuring national security is one of the main objectives of the state energy policy. Under these circumstances, existence of uniform legislative rules allowing the member states of the CSTO to efficiently and adequately implement mechanisms for ensuring their own and collective energy security is one of the key condition of ensuring national and collective security within the framework of the CSTO. The article considers: the role and importance of energy security in the system of ensuring the national security for the CSTO member states, key directions of ensuring energy security for the CSTO member states, and their main lines of cooperation in the specified area; it gives general characteristic of the legislative systems of the CSTO member states in the sphere of ensuring energy security, and defines the main directions for improvement of the regulatory framework of the CSTO member states. The Model Law On Energy Security adopted on October 13, 2017 by the Parliamentary Assembly of the CSTO is considered as a positive example.

Keywordsenergy law, energy security, state national security, Collective Security Treaty Organization, member states of the Collective Security Treaty Organization, state security, laws on ensuring energy security, energy security hazard, ensuring energy security, energy security monitoring, energy security indicators
Received06.05.2018
Publication date30.06.2018
Number of characters20060
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1 The main conclusions set forth in this article were made by the author as a result of work on the draft Recommendations for Harmonization of the Legislation of the Member States of the Collective Security Treaty Organization (CSTO) in the Field of Strengthening of Energy Security and the draft Model Law of the CSTO On Energy Security. The CSTO is an international regional organization whose mission is to strengthen peace, international and regional security and stability, to collectively protect independence, territorial integrity and sovereignty of the member states, the priority in fulfillment of which the member states give to political means [1]. The CSTO currently includes: the Russian Federation, the Republic of Belarus, the Republic of Armenia, the Republic of Tajikistan, the Republic of Kazakhstan, and the Kyrgyz Republic.
2 The worsening of the interstate relations of the Russian Federation with the United States of America, the EU countries and a number of other states, their attempt to influence politics in the regions adjacent to the borders of the Russian Federation as well as in other parts of the world, poses new challenges to Russia and its CSTO partners in ensuring collective security. The armed conflicts in the post-Soviet territories, military conflicts in Donbass, escalation of the conflict in Nagorny Karabakh also cause great concern. Serious threat, both to the global security and to the security of the CSTO member states, is represented by numerous terrorist groups cultivated in the Middle East including the notorious ISIL.
3 In this regard, an urgent task for the CSTO member states is to strengthen collective security in all areas including energy security.
4 Energy security is one of the most important components of the national and economic security of any state, and it is aimed at ensuring protection of its constitutional system and territorial integrity as well as the vital interests of nationals, society and the state as a whole.
5 Scientists and experts currently identify many aspects of energy security, however, there is no uniform definition of energy security adopted around the world. At the same time, in recent years, disagreements between different countries in the energy sector are intensifying as the energy consuming countries and the energy producing countries demonstrate different approaches to the concept and aspects of energy security. So far, many countries have understood energy security, primarily as energy independence of a particular country. This approach has led to the fact that the competition for energy resources in the world is constantly increasing and causes many conflicts, escalation of which we have observed in recent decades [2]. Herewith, many hazards in the sphere of energy security, for example, depletion of natural resources, ecology, etc., have long become global, which, in theory, should force the world community to move towards development of a uniform concept of global energy security. However, the current tensions in the world caused primarily by the “imposition” of democracy in the countries of the Middle East and the redistribution of world energy markets, introduction of economic sanctions against Russia that created discriminatory conditions for foreign trade including trade in energy resources, and the crisis in the world economy give evidence of the fact that the issues of their own energy security and energy independence are still of high priority for any country.
6 It should be noted that energy security is one of the most important components of the national and economic security of any state, and it is aimed at ensuring protection of its constitutional system and territorial integrity as well as the vital interests of nationals, society and the state as a whole.
7 Provision of energy security suggests full satisfaction of the state’s needs for energy resources of appropriate quality at reasonable prices under the normal conditions of functioning of the state and guaranteed provision of the minimum needs of the state for energy resources in conditions of military operations or emergency situations as well as various external political and external economic threats.
8 The following wording of the concept of “energy security” was first presented by the International Energy Agency after the oil crisis in 1973: “energy security is the belief that energy will be available in quantity and of quality that are required under given economic conditions”.
9 In the post-Soviet territories, the concept of energy security was set forth in the Fundamentals of the Energy Policy of the Member States of the Eurasian Economic Community approved by Resolution No. 103 of the EAEC Interstate Council dd. February 28, 2003. It was declared that the goal of the energy policy of the EAEC states was ensuring energy independence and energy security of the Community countries by forming a common energy market, creating a reliable energy base for their sustainable economic growth.

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1. Charter of the Collective Security Treaty Organization dd. October 7, 2002. http://www.paodkb.ru. 
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3. Fundamentals of the Energy Policy of the Member States of the Eurasian Economic Community. http://www.evrazes.  com.
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