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

World Trade Organisation which replaced GATT, has entered new domains in addition to General Agreement on Tariffs and Trade (GATT); e.g. trade aspects of intellectual property and anti-dumping measures. In some of them like TRIPS, it’s pioneer in rule-setting and in some like subsidies, it is the first time that mandatory rules have been envisaged. In Doha negotiations, commenced since 2001, following the organization's ministerial conference, many subjects have been put forward like environment in addition to conventional issues like tariff reduction except for energy,  and only renewable energies are visible in WTO practice. The present paper tries  to find the place of (renewable) energy in main WTO agreements and practice using a descriptive-analytical approach, and concludes that (renewable) energy lacks enough attention in the organisation's agreements and practice. It tries to give practical solutions for improvement of this kind of energy in WTO, suggest that the issue of energy be included as a comprehensive agreement in WTO's negotiation agenda.

Energy plays a significant role in nations' production and economic advancement, making it a crucial factor in modern civilization. Therefore, investigating the relationship between energy consumption and national production in countries, including Iran, holds great importance. This article examines the hypotheses regarding the relationship between oil, gas, and coal consumption, and economic growth using time series data and conducting their stationarity tests from 1990 to 2018. The variables required for estimation include natural gas, oil, coal, and economic growth. The results accept the influence of oil and gas consumption on economic growth while rejecting the impact of coal consumption on economic growth

The importance of energy resources is rising in economic and political equations and current and human life is dependent on energy. In fact, energy drives all the activities of industry, transportation, agriculture, etc. America is the largest producer, consumer and importer of energy in the world and is considered the most important player in the global energy field, especially in the field of oil. This country plays an essential role in guiding the global energy system through security and energy policies and using the levers of its power, in a way that provides its national interests. Therefore, America's energy strategy has an impact on other countries of the international system, including Iran. The purpose of this research is to examine the role of American energy strategy on Iran's energy policy. In this regard, by dividing America's energy policies into practical and declarative policies with a political and economic approach, their effects on Iran's energy policy and energy security have been evaluated. The findings of the research indicate that the American energy strategy has had direct and indirect negative effects on Iran's energy policy and security (exports, industry and foreign investments). According to its theoretical nature, the research method is a descriptive analytical method and a library-style information gathering tool.

Energy plays an important role in world trade and economy, and compliance with the rules of competition in its markets is essential.The existence of anti-competitive behaviors and situations in global energy markets, for whatever reason, must be recognized. What is important is the adoption of appropriate competition policies in order to neutralize this phenomenon and promote competition. The diversity of energy activities and anti-competitive behaviors have led to the development of various competitive policies at the national and international levels to directly or indirectly counter anti-competitive practices, in order to facilitate competition and its realization, by countries and the international community. . Of course, international energy competition law is not limited to legal measures, but also benefits from legal, competitive, economic and managerial policies, as is the dignity of the energy economy, both domestically and internationally. This article gives you a brief overview on competitive policies. Accordingly, competitive energy policies at the national, transnational and international levels are examined.

Financial markets and one of its most important sub-sectors - energy and oil derivative transactions - have been the subject of legislation in the Iranian legislature for various reasons, to different degrees and in different ways. Given the potential importance of derivatives in the nation's energy economy, having an understanding of related laws is important. The purpose of this article is to understand the developments and challenges of the laws governing these markets and tools in Iran and to suggest measures to improve them. To this end, the relevant laws passed in the legislature from the beginning to the present have been examined in terms of reasons, provisions and approach to energy and oil derivatives transactions. In this study, the dominance of state-owned enterprises, confrontation with the dominant countries in the global financial system, conflict of interest and regulatory capture, and conflicting legislative functions have been identified as important challenges of energy and oil derivatives legislation and to overcome these challenges and achieve optimal legislation, the propositions are: precedence of privatization over promotion of derivatives, joint efforts for international and regional regulation, management of conflict of interest, and balancing the conflicting functions of laws.

International trade litigation represents, the extent to which countries participate in international trade, as well as its business activities on various economic issues. Since energy is one of main pillars of international trade, settlement international disputes can play an important role in international trade.This is especially evident in the energy sector, which plays an important role in international trade. In this regard, the present paper raises the question how can the use of peaceful methods of resolving international disputes in the energy sector have an impact on the development of international trade? It is hypothesized that the use of diplomatic approaches, in particular the consideration of the Energy Charter Treaty by different countries, could significantly reduce the rate of referral to the International Court of Arbitration. In this regard, the use of investor government methods, diplomatic methods, the establishment of dispute settlement centers can be regarded as alternative approaches to the International Court of Justice, and countries may seek litigation before it.Resolve themselves and promote the development of commerce internationally. The present paper uses a descriptive-analytical method to collect data due to the role of peaceful methods in resolving international disputes in the energy sector using library and documentary sources.

The emergence of China has become a success story for actors in the central Mao region, and has been able to prove its efficiency in production, trade and finance, especially in the field of energy. China's growing tendency to counter the threat to its energy security is significant, as it intends to exert its influence in other areas as well. Emphasizing different perspectives on China's emergence in the world of oil and energy, this study seeks to answer its main question, which is China's policy to expand its influence as an emerging player in the field of oil and energy in the world, and in this way, to examine the different dimensions of this actor in the field of energy. The research method used in this research is descriptive-analytical. The results indicated that through establishing efficient and effective relationships with energy-rich actors, China could solve energy security problems on the one hand, and China is able to enter markets previously used by Mao as a sector, and on the other hand. Some of the intermediate areas are classified and can affect non-economic areas internationally.

The international relations arena is ever-changing based on states' policies. Sometimes it is possible that a policy may increase a state's power or likewise may weaken it. Power rivalry exists in the international arena and in the modern world rivalry and confrontation especially in economic areas is going on between the US and China. The US is the world hegemon that has hegemon criteria and struggling to maintain it, on the other hand, China as a newly emerging power in the modern international area is attempting to prove itself as a rival for the US hegemony. This research emphasizes the US-China hegemony in the field of oil and energy in the world and attempts to answer its main question which is: what is the US policy to confront China's influence, as the new play in the field of oil and energy in the world. The research method used in this article is descriptive-analytical. The research results show that the US made endless efforts to support China's energy security and indirect support of its economic development by dividing advantages resulting from the rising Shell oil in the US.

The United States is one of the important origins of derivative instruments and markets in energy trading and has regulatory experiences instructive for other countries. In this paper, the background and evolution of eight laws adopted for derivatives regulation in this country over the past hundred and fifty years in two periods -before and after the emergence of oil and energy derivatives- have been examined. The first four laws are enacted before emergence of energy derivatives and are mainly related to agricultural transactions that are the basis of the second period laws. The last four laws are related to after emergence and application of derivative instruments used in oil, gas and energy transactions in the last five decades. This article discusses the motivations, regulatory mechanisms and contents of each of these laws and finally presents the lessons learned for regulating energy derivatives in Iran and the world.

Since the formation of the World Trade Organization (WTO), energy and related issues have always been debated. This subjects become more significant when the major energy producing countries demand for accession to WTO. For this reason, most of energy producing and exporting countries were forced to modify and change their rules. One of the controversial issues in this regard is the adoption of dual pricing policy from applicant countries. Energy-holding countries put their domestic manufacturers in a position of superiority to their international rivals by setting lower energy prices for them. This policy has caused some disagreements between energy-exporting and -importing countries. From the perspective of  energy importing countries, such as EU members, these behaviors are considered as granting subsidy which is in contrast to the basic non-discrimination principles of GATT; most favored nation and the national behavior. Hence, confrontation of WTO here is of great importance. It is very difficult to assess the violation of WTO rules by dual pricing due to its complexity. Despite the same effect of determination of double price with subsidy, states use different excuses for doing so. Therefore, a review of WTO members is in order.

Crimes against energy, in addition to the destruction of infrastructure, are a serious threat against national security. Oil, gas and electricity are among the most important energy and functioning of population activities. With this degree of importance, oil, gas and electricity infrastructure is highly appealing to terrorists and these sources are targets of terrorism operations. In order to prevent the fear of disruptions to energy infrastructure, those facilities must be protected through legislating suitable criminal policies. In this regard, the question of this research is whether terrorism against energy has any place in the Iranian legislative criminal policies. For this reason, analysis and evaluation of legislative criminal policy in confronting terrorism against energy is studied. Analyzing the existing legal articles in this area reveals the legislator’s protection of energy in some of the legal articles has been trivial while in some other articles, this offence has been recognized as an act of the terror with the punishment the same as that of a Mohareb.

In the past decade, some developing countries, based on the principle of the PSNR as one of their inherent rights recognized by the international community and the United Nations, have engaged in Energy Dual Pricing in order to promote their economic level. On the other hand, developed countries were on the opinion that the actions of energy-holding states are in violation of the fundamental principles of the WTO, such as the principle of free trade, principle of commercial non-discrimination and the principle of national Treatment. Therefore, numerous cases were filed and engaged by the DSB of WTO. According to the DSB, the conflicts between the principle of free trade and the principle of the sovereignty of the state on natural resources are non-real and in fact there is no conflict between them. We thus, having respected the rules of general international law and also taking into account the fundamental principles of the WTO as special rules, make a balance between these two principles. Also the DSB of WTO states that none of the WTO's bilateral trade agreements have explicitly forbidden energy dual pricing, and to understand whether energy dual pricing violates the principles of the  WTO or not, it should be considered in the light of all the circumstances, on a case by case basis.

Energy grids have not been developed in all countries equally and either transmission and distribution lines have some technical restrictions. After restructuring of energy industry, especially gas and electricity, free access to transmission and distribution grids seems necessary, because it is not affordable to make different grids for each company. Free access to transmission line is related to companies acting in energy section and distribution line is related to consumers. By considering the increase of foreign investment in energy and other sections in recent years, equal treatment is very important by system operator on free access. In spite of that, because of some technical restrictions, equal treatment is not possible and this may lead to breach of international obligation by host states. We are going to answer the question that weather the different treatment on access to energy grids shall be deemed as an international obligation by host state and if NO, how it will be justified.

Despite the importance of energy in the international trade relations, the World Trade Organization (WTO) has not explicitly dealt with this issue yet. This issue has resulted in quite a lot of difficulties on trade in services and trade in goods–related provisions. Besides, the increasing tendency of countries in using renewable energies due to the concerns arising out of global warming and environmental pollutions has led to profound challenges in regulating international trade rules concerning this type of energy. Hence, striking a balance between the existing free trade rules and authorizing the measures of the WTO Member States concerning the protection of extensive use of renewable energies, specifically within the framework of decisions taken by the WTO Dispute Settlement Body indicates the significant task of the WTO for solving this legal loophole in the future.

The trade of energy including electricity has not been specifically dealt with in the World Trade Organization (WTO) Rules or Agreements. Thus, contrary to the other types of energy carriers such as oil, gas or coal, for the reasons of inherent characters and exclusive features of electricity such as its intangibility and non-storability, the application of current rules and regulations of WTO on trade of electricity faces considerable legal and technical complicities. However, until a comprehensive agreement is concluded by the Member States of the WTO, the current rules and regulations of the WTO should be interpreted in a way that keeps the challenges on trade of electricity amongst members as far as possible to minimal. This research paper explains the nature of electricity as a goods or a service and the method of application of current WTO rules and regulations to the International Trade of electricity amongst Member states. It also clarifies the legal requirements in the section of foreign trade of electricity for Iran to be prepared for the accession to the WTO. Based on the result of this research, electricity is a type of goods with specific characters and accordingly it can be placed under the rules and regulations of the WTO which are applicable to the trade of goods, especially under the rules of GATT 1994. Notwithstanding the specific characters, some exceptions which exist under the Rules of the WTO have the capacity, as justifiable ground, to be invoked by the Member states for the application of some restrictions in order to provide security for the supply of electricity, and the stability of the electricity network. In the same line, gradual elimination of the electricity subsides and monopoly in the section of electricity purchasing, developing and promoting international transmission lines and developing and strengthening energy exchange, are among Iran’s requirements for accession to the WTO.

Energy Charter Treaty (ECT) is an International Agreement which provides a multilateral outline for transborder coopretion on Enenrgy. Bearing in mind the continuance of economic and Enenrgy Crisis around the world and paying attention to increasing importance of energy in internatinal relations and due to the direct impact of energy and its influence on resolving the International community problems, some states and International organizations introduce new vision on the nature of international obligations in the field of enenrgy and its charactrestics. On this base, surveying the legal status of International treaties –namely ECT- will aid us undrestanding the stream and its process of fornation among International Subjects. That is what is going on in this paper.

International sanctions against Iran have had various effects at national level. This paper has examined the effects of sanctions on the environment، energy and technology transfer areas from the international view point. The fundamental assumption of this paper is that sanctions on the environment violate the right to a clean environment which is directly related to the right to health and the right to life. They also، breach general and special environmental law principles، including common but differentiated responsibilities principle، co-operation principle، etc. Considering the vast importance of energy in Iran’s economy، it is evident that sanctions have had widespread impacts on this part. Restricting the transfer of knowledge and technology related to nuclear activities and energy has caused problems on industry and technology.

Sustainable development is a concept that has penetrated in various areas of international law since its introduction by Brountland Commission in 1970. This concept, has gradually affected international energy law in three dimensions (economic, social and environmental development). In light of this evolution, the concept of sustainable energy has been challenging the economic development and environmental considerations. International law in ensuring the achievement of sustainable energy has been faced with the challenge to increase energy efficiency and renewable energies. Despite the considerable developments of the international energy law, it has not been able to tackle this challenge. All scenarios ahead confirm that the use of clean and renewable energy instead of fossil fuels can establish the idea of sustainable energy in the future. Achieving this goal requires adopting some guidelines and stable patterns on energy area that in a comprehensive plan has been offered by a range of international institutions.