国家在可再生能源领域合作的国际法律规范

Y. Prysiazhniuk
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引用次数: 2

摘要

可再生能源关系的国际法律规范的现状被考虑,有必要分析各国行为规则的形成动态,这些规则体现在各种来源,包括《国际法院宪章》第38条,以及一系列重要的规则,国际法被称为“软法”。研究表明,在国际法的国内学说中,人们普遍认为所谓“软法”的主要来源是联合国系统的政府间组织及其办事处,特别是联合国大会,区域会议和组织的政治行为,国家和政府间组织通过的其他国际行为,这些行为不是法律性质的,而是道德和政治性质的。分析了可再生能源领域国际监管框架的形成过程,表明该领域国际政策和“软法”的发展经历了四个有条件的阶段:形成一般合作原则;在国际法律环境中引入可持续发展的概念;承认能源是可持续发展的一个组成部分;启动联合国人人享有可持续能源倡议。大家注意到,尽管作出了种种努力,但新能源和可再生能源在全球能源平衡中的份额仍然极低。关于这一事实,大会要求采取措施,以确保具有成本效益地使用这类能源。值得注意的是,在与可再生能源领域直接或间接相关的一系列国际法规范中,绝大多数是一套“软法”规则。这表明,世界大国寻求通过专门的国际组织的工作进行合作,旨在引进可再生能源的生产。重点是国际可再生能源机构(IRENA),它的建立当然是实施可再生能源的必要途径。因为这些国际组织的建议性质无助于实现这种合作的积极目的。为了统一可再生能源的国际法律规范,有必要在这一领域制定一个共同的国际法律框架,强制遵守所有参与者的法律规范。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
International Legal Regulation of Cooperation of States in the Field of Renewable Energy
The current state of international legal regulation of relations of renewable energy is considered, the need to analyse the dynamics of the formation of rules of conduct of states, which are enshrined in various sources, including those enshrined in Art. 38 of the Charter of the International Court of Justice, as well as a significant array of rules, which international law has been called «soft law». It is shown that in the domestic doctrine of international law is quite a common to view that the main sources of so-called «soft law» are resolved of intergovernmental organizations of the UN system and its offices, especially the UN General Assembly, political acts of regional conferences, and organizations, others international acts adopted by states, intergovernmental organizations, which are not legal but moral and political in nature. The process of formation of the international regulatory framework in the field of renewable energy is analysed, which shows that the development of international policy and «soft law» in this area has gone through four conditional stages: the formation of general principles of cooperation; introduction of the concept of sustainable development in the international legal environment; recognition of energy as a component of sustainable development; launch of the UN Sustainable Energy for All initiative. It is noted that despite all efforts, the share of new and renewable energy sources in the global energy balance remains extremely low. Referring to this fact, the General Assembly calls for measures to be taken to ensure the cost-effective use of such types of energy. It is noted that in the array of norms of international law, which directly or indirectly relate to the field of renewable energy, the vast majority is a set of rules of «soft law». It is shown that the world powers seek to cooperate through the work of specialized international organizations that are designed to introduce the production of renewable energy sources. The focus is on the International Renewable Energy Agency (IRENA), the establishment of which is, of course, a necessary way to implement renewable energy. Because the recommendatory nature of these international organizations does not contribute to the positive purpose of such cooperation. In order to unify the international legal regulation of renewable energy, it is necessary to develop a common international legal framework in this area with mandatory compliance with the legal norms of all participants.
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