中国参与国际能源合作的法律制度研究
发布时间：2019-06-24 14:28
【摘要】：能源，是工业的粮食，是国民经济的命脉，事关国家的安危，历来为各国所重视。近年来，随着工业化、市场化和全球化的飞速发展，能源问题和能源安全越来越具有全球性。在全世界对于能源问题的关注中，市场的考虑、发展的考虑、国家权力和安全的考虑以及气候变化和环境的考虑交织在一起，将能源问题进一步提升到事关全球福祉、国家前途和命运的高度，世界各主要大国无不把解决好能源问题作为国家安全战略的重要内容。 在二战之前的很长的一段时间内，能源的获取比较容易，世界经济也得到了快速的发展。在那段时期，世界各国之间几乎不会因为对能源的竞争和争夺而引发冲突。但是，由于是油气资源具有稀缺性、不可再生性，石油资源已逐步转变成具有特殊重要性的战略性商品。随着世界各国经济的高速发展，能源的需求量日益增加，二战后，石油资源变得越来越稀少，越来越重要，全球范围内逐渐出现能源生产国和能源消费国之间资源权力的不均衡现象。在第一次石油危机之前，世界各国还没有意识到国际能源合作的重要性，石油危机的发生使全球所有的石油消费国损失惨重，他们终于认识到只有在石油领域加强国际合作才能应对石油危机。经过几轮的油价暴涨，世界各石油消费国之间、石油消费国与石油输出国之间都找到了共同的利益目标，大规模的国际能源合作启动了。现行的国际能源合作机制包括国际性的和区域性的，前者如石油输出国组织欧佩克（OPEC）以及西方发达国家代表组建的石油消费国组织国际能源机构（IEA）等，后者主要以欧盟和北美自由贸易区各自的能源合作机制为代表。中国作为全球能源消费大国，由于自身能源资源匮乏，高度依赖海外石油进口，自身的能源安全问题严峻。在当今社会，，能源问题是全球性问题，任何一个国家的单独力量都无法应对世界能源市场可能出现的动荡，中国应充分认识到开展能源国际合作的重要性，积极参与到全球能源合作进程中来。研究现行国际能源合作法律制度，并探讨这些制度对中国的借鉴和启示，对维护中国的能源安全具有重要意义，可以为中国参与国际能源合作提供理论指导。 本文共分三章对中国参与国际能源合作的法律制度问题进行论述： 引言部分简要介绍了国际社会在能源领域从“各自为政”到逐步开始寻求合作的历史，并介绍了本文的选题背景和出发点。 第一章，对全球和区域主要能源国际合作组织的法律制度进行分析，探讨现行国际能源合作组织法律经验及存在的主要法律问题，并总结这些法律制度对中国参与国际能源合作的启示和借鉴。 第二章，主要介绍目前中国的能源现状、中国开展国际能源合作的必要性以及中国现已参与的国际能源合作的情况，为中国根据自身实际情况制定未来能源合作战略提供依据。 第三章，探讨中国参与国际能源合作法律制度的构建，中国应在完善自身能源法律体系的基础上，积极推动区域能源合作组织的建立，同时，还要不断加强与现有能源国际组织的合作。 国际能源市场是一个整体，能源安全已不是一个国家自己的事情，缺乏有效的国际合作，任何一个国家，无论是能源生产国还是能源消费国都无法单独保证自己的能源安全。能源合作不是“零和游戏”，过度竞争只能造成两败俱伤，有效地合作才能保证各国实现利益最大化。中国作为一个新兴的石油消费大国，必须提高合作意识，加强能源领域的国际合作。在参与能源合作的进程中，中国必须增强法律意识，不能仅仅局限于政治对话层面的合作，更应该积极推动能源合作的法律制度构建。
[Abstract]:Energy, which is the food of the industry, is the lifeblood of the national economy, which is of great importance to all countries. In recent years, with the rapid development of industrialization, marketization and globalization, energy and energy security are becoming more and more global. With regard to energy issues worldwide, the consideration of the market, the consideration of development, the consideration of national power and security, and the consideration of climate change and the environment are intertwined, and the issue of energy is further enhanced to the level of global well-being, national future and destiny, The major Powers of the world have all been addressing the issue of energy as an important element of national security strategies. In a long period of time before World War II, the acquisition of energy is easy, and the world economy has been developed rapidly. In that period, there was little competition and competition for energy between the nations of the world. However, due to the scarcity of oil and gas resources and the non-renewable energy, the petroleum resources have been gradually transformed into a strategic business with special importance With the rapid development of the world's economies, the demand for energy is increasing, and after the Second World War, oil resources become less and more scarce, more and more important, and the imbalance of the power between the energy producing countries and the energy consuming countries is becoming more and more important in the global scope. In the wake of the first oil crisis, the world has not yet been aware of the importance of international energy cooperation, and the emergence of the oil crisis has had a heavy toll on all the world's oil consumers, and they finally realized that international cooperation in the field of oil could only deal with the oil The world's oil-consuming countries, between the oil-consuming and the oil-exporting countries, have found common interest targets, starting with large-scale international energy cooperation, through several rounds of oil prices. The current international energy cooperation mechanism, including the International Energy Agency (IEA), is international and regional, such as the Organization of Petroleum Exporting Countries (OPEC) and the International Energy Agency (IEA) of the oil consuming countries that the western developed countries represent. The latter is mainly based on the respective energy cooperation mechanisms of the European Union and the North American Free Trade Area (NAFTA). China, as a global energy consumption country, is highly dependent on the import of overseas oil and its energy security problems due to the lack of its own energy resources. In today's society, the problem of energy is a global problem, and the individual forces of any country cannot cope with the potential turbulence in the world's energy market. China should be fully aware of the importance of international cooperation in energy and take an active part in the global energy cooperation process To study the current legal system of international energy cooperation, and to explore the reference and enlightenment of these systems to China, it is of great significance to safeguard China's energy security, and can provide the theory of China's participation in international energy cooperation. The paper is divided into three chapters: the legal system of China's participation in international energy cooperation The introduction part briefly introduces the history of the international community to seek cooperation from the "self-government" to the beginning in the energy field, and introduces the back of this paper. The first chapter, on the analysis of the legal system of the global and regional main energy international cooperation organizations, discusses the legal experience and main legal problems of the existing international energy cooperation organizations, and summarizes these legal systems for China's participation in international energy The second chapter mainly introduces the present situation of energy in China, the necessity of China to carry out international energy cooperation and the situation of the international energy cooperation that China has already participated in, and formulated the future energy according to the actual situation of China. Chapter 3: To explore the construction of China's legal system of international energy cooperation, and to actively promote the establishment of regional energy cooperation organizations on the basis of improving the legal system of its own energy. Cooperation with existing energy international organizations. The international energy market is a whole, energy security is not a country's own affairs, a lack of effective international cooperation, no country, whether energy-producing or energy-consuming, The energy security cannot be guaranteed alone. The energy cooperation is not a "Zero and Game", and the over-competition can only result in both losing and effective cooperation. In order to ensure the best interests of all countries, China, as a new oil-consuming country, must improve its cooperation. Understanding and strengthening international cooperation in the field of energy. In the process of participating in energy cooperation, China must strengthen the legal consciousness and not only be limited to cooperation at the political dialogue level, but should be more active
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D996
本文编号：2505133
[Abstract]:Energy, which is the food of the industry, is the lifeblood of the national economy, which is of great importance to all countries. In recent years, with the rapid development of industrialization, marketization and globalization, energy and energy security are becoming more and more global. With regard to energy issues worldwide, the consideration of the market, the consideration of development, the consideration of national power and security, and the consideration of climate change and the environment are intertwined, and the issue of energy is further enhanced to the level of global well-being, national future and destiny, The major Powers of the world have all been addressing the issue of energy as an important element of national security strategies. In a long period of time before World War II, the acquisition of energy is easy, and the world economy has been developed rapidly. In that period, there was little competition and competition for energy between the nations of the world. However, due to the scarcity of oil and gas resources and the non-renewable energy, the petroleum resources have been gradually transformed into a strategic business with special importance With the rapid development of the world's economies, the demand for energy is increasing, and after the Second World War, oil resources become less and more scarce, more and more important, and the imbalance of the power between the energy producing countries and the energy consuming countries is becoming more and more important in the global scope. In the wake of the first oil crisis, the world has not yet been aware of the importance of international energy cooperation, and the emergence of the oil crisis has had a heavy toll on all the world's oil consumers, and they finally realized that international cooperation in the field of oil could only deal with the oil The world's oil-consuming countries, between the oil-consuming and the oil-exporting countries, have found common interest targets, starting with large-scale international energy cooperation, through several rounds of oil prices. The current international energy cooperation mechanism, including the International Energy Agency (IEA), is international and regional, such as the Organization of Petroleum Exporting Countries (OPEC) and the International Energy Agency (IEA) of the oil consuming countries that the western developed countries represent. The latter is mainly based on the respective energy cooperation mechanisms of the European Union and the North American Free Trade Area (NAFTA). China, as a global energy consumption country, is highly dependent on the import of overseas oil and its energy security problems due to the lack of its own energy resources. In today's society, the problem of energy is a global problem, and the individual forces of any country cannot cope with the potential turbulence in the world's energy market. China should be fully aware of the importance of international cooperation in energy and take an active part in the global energy cooperation process To study the current legal system of international energy cooperation, and to explore the reference and enlightenment of these systems to China, it is of great significance to safeguard China's energy security, and can provide the theory of China's participation in international energy cooperation. The paper is divided into three chapters: the legal system of China's participation in international energy cooperation The introduction part briefly introduces the history of the international community to seek cooperation from the "self-government" to the beginning in the energy field, and introduces the back of this paper. The first chapter, on the analysis of the legal system of the global and regional main energy international cooperation organizations, discusses the legal experience and main legal problems of the existing international energy cooperation organizations, and summarizes these legal systems for China's participation in international energy The second chapter mainly introduces the present situation of energy in China, the necessity of China to carry out international energy cooperation and the situation of the international energy cooperation that China has already participated in, and formulated the future energy according to the actual situation of China. Chapter 3: To explore the construction of China's legal system of international energy cooperation, and to actively promote the establishment of regional energy cooperation organizations on the basis of improving the legal system of its own energy. Cooperation with existing energy international organizations. The international energy market is a whole, energy security is not a country's own affairs, a lack of effective international cooperation, no country, whether energy-producing or energy-consuming, The energy security cannot be guaranteed alone. The energy cooperation is not a "Zero and Game", and the over-competition can only result in both losing and effective cooperation. In order to ensure the best interests of all countries, China, as a new oil-consuming country, must improve its cooperation. Understanding and strengthening international cooperation in the field of energy. In the process of participating in energy cooperation, China must strengthen the legal consciousness and not only be limited to cooperation at the political dialogue level, but should be more active
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D996
【参考文献】
相关博士学位论文 前3条
1 岳树梅;国际能源合作法律问题研究[D];西南政法大学;2007年
2 叶蓁蓁;国际能源合作模式与中国的战略选择[D];外交学院;2005年
3 杨维新;国际能源环境下的中国能源安全[D];上海社会科学院;2006年
本文编号：2505133
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