International law in the China–Russian energy partnership: mapping the partnership-based relational approach

Abstract

Over the past decades, the China–Russian energy partnership has become firmly established. Significant milestones such as the 2009 oil and the 2014 gas deals demonstrate the geopolitical impact of this partnership. The article finds that the China–Russian energy cooperation uses a partnership-based relational approach that eschews rulemaking by treaty. Instead, the legal framework of this partnership is multi-layered and has distinct features. It relies heavily on bilateralism, pragmatic cooperation, and non-binding commitments. A range of instruments applies at the bilateral level, including a bilateral investment treaty, energy cooperation agreements, intergovernmental agreements on significant energy deals, and many joint communiques and statements of a soft law nature. Regarding regional energy governance, China and Russia prefer different approaches, as reflected in their participation in the Shanghai Cooperation Organization, the Eurasian Economic Union, and the Belt and Road Initiative. While these regional mechanisms contribute to the energy partnership, their impact on the legal framework is limited.