جستجوی مقالات مرتبط با کلیدواژه « امنیت انرژی » در نشریات گروه « فقه و حقوق »

In today's world, there are many controversial issues about oil and its place in the political relations of countries. Oil resources, which are scattered in all parts of the world, play an important role in the foreign policy of countries towards each other. Iran is located in a part of the world that has the largest oil reserves. China is also highly dependent on the oil of this region due to its increasing economic growth and the need to meet the needs of the energy sector. In order to ensure its energy security in the future, this country has made great efforts to use oil leverage in expanding relations with oil producing countries. Here, the question that is raised is, what place has oil played in the development of relations between Iran and China? Similarly, the hypothesis proposed for the article is that due to China's great need to buy Iranian oil to ensure energy security and respond to its growing economic growth, as well as the richness of Iran in terms of having important oil resources in the world and the existence Large oil contracts between the two sides and Iran's relatively high share in oil exports to China, it can be said that oil has been one of the prominent drivers in the expansion of relations between these two actors. The research method is qualitative and the main problem is investigated with the approach of documentary analysis.

Citizenship is one of the most important concepts that represent the relationship between the individual and society in terms of rights, duties and responsibilities and it determines each person's access to social and economic resources. Energy is also very important in human life today and a direct link to economic security in the context of sustainable development, global environmental security and then on national security. Accordingly, the present study seeks to address the relationship between energy security, national security and civil rights and it has considered the various dimensions of energy security that have affected civil rights on the basis of the rights enshrined in the Charter of Civil Rights and other legal documents. Based on this, we can mention the direct relationship between energy security and civil rights. That is, by securing the next energy from civil rights and then we can talk about citizenship rights and its non-fulfillment will lead to a lack of human security and consequences for national security. The results show that energy insecurity is one of the threats to national security, and looking at from the perspective of civil rights can highlight the commitment of governments to ensure its realization.

European Union with 450 million consumers is the world's second largest energy market. Therefore, sustainable energy, competitive and secure one of the fundamental pillars of European security. Europe's energy security interests of the Union are influenced by internal factors such as rising oil prices and reduced energy production in Europe as well as external factors such as the increase in global demand as a result of the rise of emerging economies such as China and India, The continuing turmoil in the production of oil and Russia's willingness to use energy as a tool of political power. This study analyzes the Europe Union to secure its energy policy with regard to the importance of environmental issues. This issue has been discussed that the Europe Union to reduce its dependence on imported energy sources and increase energy security, increase policy use efficiency, use of alternative energy and energy efficiency in different economic sectors and industry has started.

The Energy Charter Treaty has been the subject of an increasing attention since its ratification ten years ago. It was the first multilateral treaty in the world in the energy sector and introduced numerous innovations. One of the most important of these relates to the issue of state responsibility. Needless to say that when considering the issue of state responsibility one cannot forget the importance of the rules of attribution (and again the difference between attribution and state responsibility should be taken into account). Therefore, one should answer the question of contribution of the ECT in this issue especially with its case law and precedent and particularly since the Nykomb award. On the second level the relationship between contract and treaty should be examined. Specially if there is an attribution is the state directly responsible for contracts concluded by a state enterprise? And last but not least, one cannot ignore the controversial issue of the Umbrella clause and its ability to convert a contractual obligation into an international obligation, a breach of which can lead to international responsibility of the state.This article aims to examine all of the above-mentioned questions and discuss the issue of state responsibility in the ECT. In order to limit the scope of discussion, only the crucial issues which have been considered in one of the cases under the ECT (i.e. the Nykomb case) will be reviewed. This mainly includes the effect of the umbrella clause and the relation between the treaty and the contract. In order to have a better understanding of these issues, it is essential that general points about the rules of attribution and umbrella clause be made. Finally it may be possible to draw a general picture of the current and probably the future situation of state responsibility under the ECT.

The absence of the most important oil exporting countries in the final round of Uruguay leave the commercial debates of energy sector out of the relevant discussions. This is while the contemporary debates about the participation of these countries in WTO cause to some serious concerns about their rights and duties concerning transactions in energy sector. This scenario has especially important for Iran as a country which is going to end the WTO accession process. In this regard the relevant countries face to several challenges like the necessity of the change of internal regulations, the situation for foreign investors and the conflict obligations which should be scrutinized. This article also explores whether the obligations and practices of the WTO and OPEC are necessarily incompatible. The central focus is to explain the proposition that OPEC-mandated production quotas operate as de facto export restraints and are thus prohibited by GATT Article XI:1. The Note is divided into several parts. First, it argues that there is an inherent difference between controlling the production of a nation's resources and imposing quantitative restrictions on the amount of those resources that can be exported abroad subsequent to production. It suggests that the WTO Appellate Body would likely find that Article XI:1 is not properly applied to quantitative production restrictions. Then, it describe that Article XI:1 is applicable to production quotas. Third, it examines the viability of certain affirmative defenses contained in the GATT exceptions clauses. These defenses could bring OPEC members back into compliance with their WTO obligations if they were found to be in violation of Article XI:1. Finally it examines the possibility that a defense might exist in the Article XXXVIII provision for intergovernmental agreements intended to promote the interests of developing countries.

The U.S. energy Policy, independence reduction, diversification and utilizing new energies areamong the U.S. measures to reinforce its presence in oil-bearing regions.