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International Projects on the Construction of Energy Infrastructure and Energy Law and Order Tasks
 
PIIS231243500022398-5-1
DOI10.18572/2410-4396-2021-2-70-74
Publication type Article
Status Published
Authors
Viktoria V. Romanova 
Occupation: Head of the Department of Energy Law of the Kutafin Moscow State Law University (MSAL), Director of the Center for Energy Law of the Saint Petersburg State Economic University, Director for Research of the V.A. Musin Research Center
Affiliation:
Kutafin Moscow State Law University (MSAL)
Saint-Petersburg State Economic University
V.A. Musin Research Center for the Development of Energy Law and Modern Legal Science
Address: Russian Federation
Journal nameEnergy law forum
EditionIssue 2
Pages70-74
Abstract

The tasks of legal regulation of the energy infrastructure are becoming predominant in view of the tendencies of energy transition to a new technological level, the desire of states to ensure the fulfillment of obligations assumed based on the Paris Climate Agreement. The problems of legal regulation of international projects on the construction of energy infrastructure can be roughly subdivided into two groups: (1) issues related to the legal regulation of functioning energy infrastructure or energy infrastructure under construction, which is necessary for the production, transportation, storage of hydrocarbons and other energy types; (2) issues related to the legal regulation of energy infrastructure, which is necessary for the use of renewable energy sources, production, transportation, storage of new energy resource types including hydrogen.

As a basis for the fulfillment of tasks of the transition of energy to a new technological level, it is advisable to consider the issue of international legal unification of provisions regulating construction or update of new energy infrastructure. The development and adoption of a multilateral agreement in furtherance of the provisions of the Paris Climate Agreement will make it possible to minimize the risks of any disagreements between the energy market players.

Keywordsenergy law, international legal regulation of the construction of energy infrastructure, low- carbon energy
Received01.06.2021
Publication date30.06.2021
Number of characters11796
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1 Energy infrastructure is designed to ensure uninterrupted, accident-free production, supply, transportation, transmission, processing, storage of energy resources on domestic energy markets and in the implementation of foreign economic projects. Energy resources cannot be used without energy infrastructure. In this regard, the issues of the proper condition and safety of energy infrastructure are extremely important for all energy markets players. International projects on the construction of energy infrastructure are implemented in various sectors of power engineering: electric power engineering, gas industry, nuclear energy use sector. A.G. LisitsynSvetlanov is right to refer such factors as technological reliability of all elements of energy infrastructure, physical security of critical energy infrastructure, facilitation of the implementation of infrastructure projects that are important for ensuring global and regional energy security, to the basic principles of international legal regulation of power engineering. [1]
2 One cannot ignore the current tendency to change the structure of the demand for energy resources, the focus on replacing hydrocarbons with other types of energy resources including hydrogen, which also brings about the need for the development of modern energy infrastructure.
3 The tasks of legal regulation of the energy infrastructure are becoming predominant in view of the tendencies of energy transition to a new technological level, the desire of states to ensure the fulfillment of obligations assumed based on the Paris Climate Agreement.
4 The International Energy Agency has developed a comprehensive roadmap for the energy sector to reach net-zero emissions by 2050 that is designed to help countries identify and implement the actions needed to achieve climate, energy security and affordability goals. Dr Birol, Executive Director of the IEA, notes that achieving net-zero emissions by 2050 will require nothing but the total transformation of our energy infrastructure. That calls for decisive action this year, next year and every year to 2050. [2]
5 It would seem that there are enough issues of energy infrastructure for hydrocarbon resources, but modern realities force us to overcome new challenges, including those related to climate change.
6 Thus, the current problems of legal regulation of international projects on the construction of energy infrastructure can be roughly subdivided into two groups:
  1. issues related to the legal regulation of functioning energy infrastructure or energy infrastructure under construction, which is necessary for the production, transportation, storage of hydrocarbons and other energy types; (2) issues related to the legal regulation of energy infrastructure, which is necessary for the use of renewable energy sources, production, transportation, storage of new energy resource types including hydrogen.
7 Speaking of the first group of issues, the problems in the implementation of international energy projects are caused by the absence of necessary unified provisions on the construction of energy facilities, the procedure for interaction between construction subjects, untimely performance or non-performance of obligations in case of interference by third parties. These circumstances have adverse consequences for ensuring energy security, functioning of the energy law and order.
8 Legal regulation of international projects on the construction of energy infrastructure can be carried out at the level of international public regulation and at the level of international private regulation. As of today, there is no universal international convention governing relationships in the construction of energy infrastructure. International public law regulation is carried out mainly on the industrial basis and at the regional level.
9 Here are some examples of international agreements with the participation of the Russian Federation. The Treaty on the Eurasian Economic Union provides for the step-by-step creation of common energy resource markets in accordance with international agreements taking into account energy security, based on the fundamental principles, which include, inter alia, the development of transport infrastructure for common energy resource markets; harmonization of national provisions and rules for the functioning of the technological and commercial infrastructure of common energy resource markets. The creation of a common gas market of the member states provides for the development of long-term mutually beneficial cooperation, including in the field of construction, reconstruction, and operation of gas pipelines, underground gas storage facilities and other infrastructure facilities of the gas complex.
10 Intergovernmental agreements are used in addition to interstate agreements. Here are some examples of international legal regulation of industrial projects at the level of intergovernmental agreements: the Agreement between the Government of the Russian Federation and the Government of the Republic of Turkey on the TurkStream Gas Pipeline Project (concluded in Istanbul on October 10, 2016); the Agreement between the Government of the Russian Federation and the Government of the Republic of Turkey on Cooperation in the Construction and Operation of a Nuclear Power Plant at the Akkuyu Site in the Republic of Turkey (concluded in Ankara on May 12, 2010).

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1. Lisitsyn-Svetlanov A.G. The Role of Law in the Modernization of the Russian Economy / A.G. LisitsynSvetlanov. Moscow ISL RAS, 2011. 202 p.
2. IEA to Produce World’s First Comprehensive Roadmap to Net-Zero Emissions by 2050 // IEA. 2021. 11 January.
3. URL: https://www.iaea.org/ru/yadernaya-energetika-i-perehod-k-ekologicheski-chistoy-energii/investicii-  v-perehod-k-ekologicheski-chistoy-energii.
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