全球化中的能源利益冲突与法律调控研究
发布时间：2018-09-08 17:08
【摘要】： 全球化是人类历史发展到一定阶段的必然产物,它使各种生产关系在全球范围内得以重整。能源全球化是经济全球化的一个方面,它的形成与扩张,首先是因为能源的有限性和分布的非均衡性,从而导致国家之间、地区之间对能源的渴求和相互依赖；其次在于能源资源的巨大经济作用和政治、军事意义,能源产品是兼有经济、政治、军事和外交等多重属性的特殊产品；再次在于能源给人类带来福利的同时,也对人类生存环境造成了日益严重的负面影响。对于能源全球化引发的诸多冲突问题,迫切需要进行法律调控。而要进行有效的法律调控,必须发挥各个国际能源活动主体的积极性和创造性。 全球化中能源活动主体包括三类：跨国石油公司、资源主权国家、国际能源组织。这三类主体的法律人格和法律地位不同,它们在国际能源活动中的作用也不同。通过研究发现：跨国石油公司的人格在母国法上具有平等性,其权利能力与其他公司无二致；但在东道国法上却受到诸多限制,其权利能力是不完全的、不充分的,跨国石油公司为摆脱人格上的种种限制而采取一系列合法的、非法的对策和措施,给国际能源合作造成了双面影响。资源国家的法律地位不可动摇,对本国石油资源享有永久主权,但这并不意味着石油资源只能由资源国独占独享。我们认为：宝贵的石油资源应当成为各国都能分享的世界财富,但这种分享必须通过公平的对价获取,而不是掠夺或霸占。然而,一些石油生产国与消费国却不这样认为,它们之间一直存在利益冲突和争端,并常有激化的时候以致不能通过双方协商的方式解决。这就需要无利害关系的第三方介入,加以必要斡旋、调停或者规制,国际能源组织便因此而生。由此推知：随着国家与国家之间、地区与地区之间需要调控的冲突增多、烈度和广度增大,一个更广泛的乃至全球性的新型国际能源组织必将顺理成章地诞生,这个组织我们暂命名为“世界能源组织”(简称“WEO”)。成立WEO的宗旨是：平等地保护各国能源安全；可持续地、最合理地利用能源资源,在能源生产消费的同时,切实保护生态环境；充分利用法律手段和平解决国际能源争端。 在全球化活动中,跨国石油公司一直是最为活跃的行为主体,它的行为不仅涉及到本身的兴衰存亡,而且对东道国的政治经济具有举足轻重的影响。它与石油资源国之间的博弈从未停息过,如何对其进行法律调控成为石油资源国非常核心的决策事项之一。本文通过梳理资源国政府与跨国石油公司的交往历程,挖掘并提炼出两者之间的合作规律,阐释和论证了资源国政府对跨国石油公司的七种法律调控模式,这些调控模式对国际能源合作具有重要指导意义。 我国在调控能源利益活动中已做了许多可喜的尝试,“走出去”和“引进来”两大战略的实施,为许多国家树立了学习榜样。“和谐”、“公平”、“互利共赢”、“共同发展”等理念正逐渐传递给全世界。“既要保障本国能源安全,又要促进世界各国能源经济共同发展”,是中国政府和人民一贯坚持的立场和长期奋斗的目标。我们应构建完整严密的能源法律体系,将冲突控制在适当范围；明确我国参与国际能源合作的宗旨和原则,将世界承诺变成法律；巧妙地进行法律制度设计确保国家石油公司抗击冲突的能力；将能源战略规划法律化,有计划有步骤地主导国际能源市场新秩序；使我国成为拉动世界能源经济的火车头,奔向“互利共赢、和谐发展”的世界目标。
[Abstract]:Globalization is the inevitable outcome of the development of human history to a certain stage, which enables the restructuring of various relations of production on a global scale. Energy globalization is one aspect of economic globalization. Its formation and expansion, first of all, is due to the limitation and unbalanced distribution of energy, which leads to the thirst for energy between countries and regions. Secondly, energy products are special products with multiple attributes, such as economy, politics, military and diplomacy. Thirdly, energy brings benefits to human beings, but also has an increasingly serious negative impact on human living environment. Many conflicts caused by globalization need to be regulated by law urgently.
The main bodies of energy activities in globalization include three categories: transnational oil companies, resource sovereign countries and international energy organizations. The legal personality and legal status of these three types of subjects are different, and their roles in international energy activities are different. It is the same as other companies, but there are many restrictions in the law of the host country. Its rights and abilities are incomplete and inadequate. Multinational oil companies adopt a series of legal and illegal countermeasures and measures to get rid of the restrictions on personality, which have a double-sided impact on international energy cooperation. We believe that precious oil resources should be the world wealth that all countries can share, but this sharing must be obtained through fair consideration, not by plunder or occupation. But they do not think so. There are always conflicts of interest and disputes between them, which can not be settled through consultation. This requires the involvement of a third party with no interests, necessary mediation, mediation or regulation, and the International Energy Organization (IEO) emerges. As conflicts between regions and regions become more intense and wider, a new international energy organization with a broader and even global scope is bound to come into being. This organization is tentatively named the World Energy Organization (WEO). We should continue to make the most rational use of energy resources, protect the ecological environment while producing and consuming energy, and make full use of legal means to settle international energy disputes peacefully.
In the process of globalization, multinational oil companies have always been the most active actors. Their actions not only involve their own rise and fall, but also have a decisive impact on the political and economic of the host country. In this paper, by combing the course of the exchanges between the governments of resource countries and the multinational oil companies, the law of cooperation between them is excavated and refined, and seven legal regulatory modes of the governments of resource countries for the multinational oil companies are expounded and demonstrated. These regulatory modes have important guiding significance for international energy cooperation.
China has made many gratifying attempts in regulating and controlling energy interests, and the implementation of the two major strategies of "going out" and "bringing in" has set a good example for many countries. Promoting the common development of the energy economy of all countries in the world is the persistent position and long-term goal of the Chinese government and people. The design of legal system ensures the ability of national oil companies to resist conflicts, legalize energy strategic planning, and systematically guide the new international energy market order, making China the locomotive of the world energy economy and the world goal of "mutually beneficial, win-win and harmonious development".
【学位授予单位】：中南大学
【学位级别】：博士
【学位授予年份】：2010
【分类号】：F416.2;D912.6
本文编号：2231150
[Abstract]:Globalization is the inevitable outcome of the development of human history to a certain stage, which enables the restructuring of various relations of production on a global scale. Energy globalization is one aspect of economic globalization. Its formation and expansion, first of all, is due to the limitation and unbalanced distribution of energy, which leads to the thirst for energy between countries and regions. Secondly, energy products are special products with multiple attributes, such as economy, politics, military and diplomacy. Thirdly, energy brings benefits to human beings, but also has an increasingly serious negative impact on human living environment. Many conflicts caused by globalization need to be regulated by law urgently.
The main bodies of energy activities in globalization include three categories: transnational oil companies, resource sovereign countries and international energy organizations. The legal personality and legal status of these three types of subjects are different, and their roles in international energy activities are different. It is the same as other companies, but there are many restrictions in the law of the host country. Its rights and abilities are incomplete and inadequate. Multinational oil companies adopt a series of legal and illegal countermeasures and measures to get rid of the restrictions on personality, which have a double-sided impact on international energy cooperation. We believe that precious oil resources should be the world wealth that all countries can share, but this sharing must be obtained through fair consideration, not by plunder or occupation. But they do not think so. There are always conflicts of interest and disputes between them, which can not be settled through consultation. This requires the involvement of a third party with no interests, necessary mediation, mediation or regulation, and the International Energy Organization (IEO) emerges. As conflicts between regions and regions become more intense and wider, a new international energy organization with a broader and even global scope is bound to come into being. This organization is tentatively named the World Energy Organization (WEO). We should continue to make the most rational use of energy resources, protect the ecological environment while producing and consuming energy, and make full use of legal means to settle international energy disputes peacefully.
In the process of globalization, multinational oil companies have always been the most active actors. Their actions not only involve their own rise and fall, but also have a decisive impact on the political and economic of the host country. In this paper, by combing the course of the exchanges between the governments of resource countries and the multinational oil companies, the law of cooperation between them is excavated and refined, and seven legal regulatory modes of the governments of resource countries for the multinational oil companies are expounded and demonstrated. These regulatory modes have important guiding significance for international energy cooperation.
China has made many gratifying attempts in regulating and controlling energy interests, and the implementation of the two major strategies of "going out" and "bringing in" has set a good example for many countries. Promoting the common development of the energy economy of all countries in the world is the persistent position and long-term goal of the Chinese government and people. The design of legal system ensures the ability of national oil companies to resist conflicts, legalize energy strategic planning, and systematically guide the new international energy market order, making China the locomotive of the world energy economy and the world goal of "mutually beneficial, win-win and harmonious development".
【学位授予单位】：中南大学
【学位级别】：博士
【学位授予年份】：2010
【分类号】：F416.2;D912.6
【引证文献】
相关期刊论文 前1条
1 赖超超;;论国际能源法的发展趋势[J];南京工业大学学报(社会科学版);2012年01期
，本文编号：2231150
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