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From Regulation of CO2 Emissions into the Atmosphere to Energy Law Codification
 
PIIS231243500027997-4-1
DOI10.61525/S231243500027959-2
Publication type Article
Status Published
Authors
Mikhail I. Kleandrov 
Occupation: Chief Research Scientist of the ISL RAS; Chief Research Scientist of the Autonomous Non-Commercial Organization V.A. Musin Research Center for the Development of Energy Law and Modern Legal Science
Affiliation:
Institute of State and Law of the Russian Academy of Sciences
Autonomous Non-Commercial Organization V.A. Musin Research Center for the Development of Energy Law and Modern Legal Science
Address: Russian Federation, Moscow
Journal nameEnergy law forum
EditionIssue 3
Pages5-10
Abstract

The article deals with the problem of the so-called “energy transition”, i.e. the minimization of carbon emissions into the Earth’s atmosphere caused by the activities of mankind (primarily the energy sector of the economy). Appropriate legal regulation based on relevant scientific and legal research should play an important role in solving this problem. It is noted that one of the segments of this regulation - regulation of carbon emissions into the atmosphere - is far from perfect, as well as all other legal regulation of green energy. It is concluded that the improvement of this segment, as well as each of the other segments separately, will have little effect. Therefore, based on the unified principles of energy law and order, it is proposed to develop and adopt the Energy Code of the Russian Federation with the corresponding General and Special Parts as a basis for the proper legislative regulation of all sectors of the energy industry in conjunction with other branches of legislation: entrepreneurial, financial, municipal, environmental, etc.

Keywordsenergy law, carbon emissions, green energy, codification of energy laws
Received17.06.2023
Publication date12.10.2023
Number of characters14396
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1 The energy transition means the transition to green energy, when the energy sector is driven by the mechanism of energy production and use with a minimum of greenhouse gas emissions into the atmosphere. But, unfortunately, in a number of cases this transition is accompanied by grandiose deceptions based on pure PR: huge holes in the ozone layer of the Earth’s atmosphere are announced, requiring an appropriate financial response, or Freon gas, widely used in household refrigerators, begins to cause huge damage to the Earth’s atmosphere, etc. Of course, relevant legal acts are also adopted, both domestic (usually by European states) and international agreements and treaties – the 1994 UN Framework Convention on Climate Change, the 1997 Kyoto Protocol, the 2015 Paris Agreement, etc. Soon, when the organizers of these scams no longer need them, the PR comes to nothing, and the “terrible threats” to human civilization are forgotten, although there were and are many good things in those ideas.
2 Climate change experts believe that much of the global warming on Earth is caused by natural phenomena independent of human activity. For example, they associate the expected hottest five-year period in the history of meteorological observations – 2023 ̶ 2027 – “with another period of the El Niño phenomenon, as a result of which the equatorial part of the Pacific Ocean becomes warmer than usual by about three degrees Celsius. For the world economy, this “whim of nature” is expected to cost $3 trillion... The shallowing of rivers will have a negative impact on hydroelectric power generation. Rising winter temperatures will sharply reduce demand for oil and gas... On the other hand, during the heat wave, the pressure on power grids will increase drastically due to the constant use of air conditioners, especially in densely populated cities...” [1].
3 At the same time, the human factor in global warming on the Earth (the so-called anthropogenic theory of warming), which received much attention in recent years, cannot be attributed to PR. According to the International Energy Agency (IEA), the problem of climate warming is primarily a climate problem; more than 40 percent of global carbon dioxide emissions come from the production of electricity and heat. And according to the Analytical Center under the Government of the Russian Federation, the leader in these emissions is China (28.8 percent), followed by the United States (14.5 percent), then the European Union (9.7 percent), India (7.3 percent), Russia (4.5 percent) and Japan (3.3 percent) [2].
4 However, not all domestic scientists share the anthropogenic theory of global warming, although it is not only dominant, but has caused a lot of geopolitical and economic changes in society - it is associated with the transition to a new technological mode, the emergence of a green economy, etc. [3].
5 And members of the Scientific Council of the Russian Academy of Sciences on complex problems of Eurasian economic integration, modernization, competitiveness and sustainable development in general believe (May 2023) that the original idea of signing an international agreement on the reduction of greenhouse gas emissions into the atmosphere was a pure PR campaign of the US politician Albert Gore, the purpose of which is for certain entities to bring the planet’s energy sector under control in order to have leverage over the economies of different countries.
6 But on the other hand, judging by the synthesized report of the Intergovernmental Panel on Climate Change, established in 1988 by the United Nations Environment Programme and the World Meteorological Organization to provide political leaders with regular scientific assessments of climate change, which brings together 195 countries (including the Russian Federation) and summarizes the main results of scientific work in 2016–2023, the main conclusion is as follows: the observed increase in global temperature by an average of 1.1 ˚C above pre-industrial levels (1850-1900) is mainly due to the enrichment of the atmosphere with greenhouse gases and aerosols from economic activities, with greenhouse gases undoubtedly contributing to the temperature increase. The negative effects of global climate change have become increasingly visible in recent decades, and this process will continue in the short term until 2040 and in the long term during this century if the current level of anthropogenic impact on the global climate system, i.e. greenhouse gas emissions resulting from the world economy, continues [4].
7 After all, a year and a half ago, in October 2021, A. Belousov, First Deputy Prime Minister of the Government of the Russian Federation, said, “Energy transition as a set of structural, technological and other – I would like to emphasize it – measures that ensure the reduction of greenhouse gas emissions in order to stabilize the average temperature and combat negative climate change. The processes have already started and it is unlikely that they will be stopped, especially since humanity has not yet come up with any other response to climate change, except for energy transition” [5].

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