利用跨东盟天然气管道的区域合作:一个国际法视角

Mutiara Khadijah, H. Adolf, Setiawan Setiawan
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引用次数: 0

摘要

跨东盟天然气管道项目是根据《跨东盟天然气管道谅解备忘录》规定的合作,以双边方式连接东盟国家的跨境管道互联项目。本文将确定跨东盟天然气管道与世界上已经实行的两种合作模式,即互联模式和统一项目模式。本文使用的方法是规范性的司法方法,包括比较方法和成文法方法,通过从二手来源获取数据。更具体地说,本文将详细说明跨东盟天然气管道可以采用哪种有效管理该项目的合作模式。结果表明,跨东盟天然气管道的合作不同于一般国家的合作,因为该项目既包括跨境管道,也包括再气化终端。决定将再气化终端纳入该项目是为了为该地区日益枯竭的天然气供应提供另一种选择。该模型在跨境管道制度中尚不为人所知,因此无法与已知的两种模型相一致。虽然跨东盟天然气管道在本质上是一系列相互连接的管道,但在实施过程中并不符合理论。跨境管道和终端再气化不应该放在同一个能源运输项目中,因为它们具有不同的特征,因此使项目的治理变得复杂,而协调的法律框架在跨境基础设施中起着至关重要的作用。跨东盟天然气管道项目将只关注跨境管道,并将遵循合作项目的模式。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Regional Cooperation in The Utilization of Trans-ASEAN Gas Pipelines: An International Law Perspective
The Trans-ASEAN Gas Pipelines was a project of interconnected cross-border pipelines connecting ASEAN countries in a bilateral manner based on the cooperation stipulated in the Memorandum of Understanding of Trans-ASEAN Gas Pipelines. This paper will identify Trans-ASEAN Gas Pipelines with the two (two) cooperation models already practised worldwide, namely the interconnected model and the unified project model. The method used in this article was normative juridical, including the comparative approach and statute approach, by obtaining data from secondary sources. More specifically, this article would elaborate on which cooperation model could be adopted by Trans-ASEAN Gas Pipelines that would effectively govern the project. The results showed that the cooperation of Trans-ASEAN Gas Pipelines was unlike that practised by countries generally since the project consisted of both cross-border pipelines and regasification terminals. The decision to incorporate regasification terminals into the project was made to provide an alternative to the region's depleting gas supply. The model was not known in the cross-border pipeline regime and therefore could not be identified with the already known two (two) models. Although Trans-ASEAN Gas Pipelines were a series of interconnected pipelines in nature, the implementation was not in accordance with the theory. A cross-border pipeline and terminal regasification should not be put together in the same energy transport project as they both have different characteristics, thus making the governance of the project complicated while a harmonized legal framework plays an essential aspect in cross-border infrastructure. Trans-ASEAN Gas Pipelines will only focus on cross-border pipelines and will follow the model of a cooperative project.
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