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On Priority Areas of Legal Research on Energy Law Taking into Account the Modern Low-Carbon Agenda
 
PIIS231243500022477-2-1
DOI10.18572/2410-4396-2021-4-88-93
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), Academic Supervisor of the Autonomous Non-Commercial Organization V.A. Musin Research Center for the Development of Energy Law and Modern Legal Science
Affiliation:
Kutafin Moscow State Law University (MSAL)
V.A. Musin Research Center for the Development of Energy Law and Modern Legal Science
Address: Russian Federation, Moscow
Journal nameEnergy law forum
EditionIssue 4
Pages88-93
Abstract

The article studies the modern areas of the development of the legal regulation in the energy industry. The legal regulation in the sphere of reduction of greenhouse gas emissions, carbon unit circulation has been developing for a while in some countries and is on the establishment stage in others. Nevertheless, climate agenda tasks are universal for the entire world’s community, so a significant role will be paid to the continuation of the international legal unification for the purposes of exclusion of non-acknowledgment of ratios concerning climate projects, carbon units, inter alia in the course of performance of foreign economic activities including international trade in carbon units. In this respect, special relevance is attributed to comparative legal studies of provisions of different states establishing legal regimes in respect of climate projects, carbon units, regulating the procedure for the interaction between parties to the respective public relations, enshrining requirements for climate project participants, regulators and controllers.

 

Keywordsenergy law, legal regulation development tendencies in the fuel and energy complex, legal support of carbon unit circulation, climate projects
Received01.12.2021
Publication date20.12.2021
Number of characters17158
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1 Introduction
2 Works by Russian and foreign scientists are fairly dedicated to the tasks and areas of legal research in energy law including modern research areas [1]. I would like to note the following flagship works for the development of energy law: A.G. Lisitsyn-Svetlanov (Energy Law: Tasks of the Further Development of the Industry; Parameters of the Legal Policy in the Energy Industry) [2]; M.I. Kleandrov (Bright Future for the Energy Law Science; Fundamental Energy Law Grounds) [3], V.V. Romanova (Energy Law Order: Current State and Tasks; Strategic Tasks of the Development of the Fuel and Energy Complex and Training of Top Qualification Energy Law Specialists) [4] and others.
3 All current and future fundamental energy law issues will need to be studied as such areas as the legal support of energy security, the legal regulation of energy markets, the energy law and order at the national and international levels for obvious reasons cannot be treated as one-time topics and should be paid continued attention by representatives of the scientific, expert, professional legal community, i.e., be included in annual research plans for the long run as they cover an extremely wide range of constituent elements.
4 Attention should also be paid to new energy law areas that are actively formed and occupy an independent place among elements of the energy law and order designed to ensure compliance with the energy security principles at the national and international levels.
5 Such legal research areas also include the “climate area” concerning the legal regulation of reduction of greenhouse gas emissions, the climate project implementation procedure, carbon unit circulation.
6 In his speech at the plenary session of the Russian Energy Week international forum, President of the Russian Federation V.V. Putin noted that one of the key factors that determines the long-term development of the world energy industry is climate change and emphasized that Russia supports international climate initiatives, performs the undertaken obligations and in a real-case scenario will try to achieve carbon neutrality of its economy by 2060 [5]. The President of the Russian Federation also highlighted in his speech that since climate saving is the task of the entire humanity, the climate agenda should not serve as a weapon for the promotion of economic and political interests of separate countries. We should join forces to create unified for all, clear, fair, transparent climate regulation rules that will be in force at the global level. They should be based on the real caring for climate, understanding of the role and contribution of each country through mutually recognized models for the accounting and monitoring of greenhouse gas emission and absorption, and of course, the current world situation shows that climate preservation issues should be solved in close connection with the plans for the development of economy industries, primarily, the energy industry. Global energy market balancing mechanisms need to be agreed upon, while energy resource producers and consumers need to start a subject-based, well-grounded dialogue on this topic [6].
7 Considerable efforts of the scientific community are required to implement the singled out aspects and solve the set tasks. Comparative research and scientific activities need to be carried out.
8 The Russian Energy Week 2021 included active discussions of the hydrocarbon energy industry prospects, the future of the traditional energy industry taking into account energy transition tasks. In his speech during the panel discussion The Future of the Traditional Energy Industry: Is the World Ready to Stop Using Hydrocarbons? within the Russian Energy Week international forum, A.V. Novak, Deputy Prime Minister, noted that in his opinion, the hydrocarbon energy industry will continue to serve as the basis for the climate balance in the future. The trend of raising the RES share in the energy balance was incoherent with the creation of reserves for peak gas consumption in some periods. It all serves as evidence of the fact that the balance needs to be carefully forecasted. The main problems on the gas market are rooted in the low quality planning of energy resource procurements, which results in fluctuations. That’s why, energy security issues need to be treated prudently. A.V. Novak emphasized that the proposals for termination of investments to hydrocarbon projects have nothing to do with the real life. Generation should be based on the balanced approach towards the development of the clear and traditional energy industry. Even if the hydrocarbon share decreases, such reduction will reach just 65–70 % in the coming decade. Conditions for investments in the energy industry need to be created [7].
9 The outlined problems also require a lot of legal research including in the sphere of the legal regulation of investment activities in the energy industry.
10 Problems of the legal regulation in the energy industry noted at the Russian Energy Week 2021 and other international forums, an unfavorable situation on foreign energy markets due to the lack of traditional energy resources serve as evidence that a significant volume of work in terms of the international legal unification in the energy industry is ahead.

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