The problem of institutionalisation of the international economic community in the context of legal regulation at the present stage of development of international energy relations.
*The original language of the text Is Russian so there could be some mistakes and typo in the text.

Modern international relations are undergoing drastic changes in almost all areas. In this context, the system of international law and its constituent part, economic law, is no exception.
The modern concept of international economic law (hereinafter - IEA) differs significantly from what it represented in the 19th or early 20th centuries, mainly due to the development and change of the system of regulation of international relations, the creation and emergence of new, vital industries, as well as understanding the need to systematize and institutionalize various types of economic relations in order to ensure stable development and predict the occurrence of possible risks in various fields of human activity.
Thus, modern international economic law includes both the foundations that were originally meant by this concept, as well as new components that emerged as a result of the transformation of the international system. IEP is a field of international law that covers the conduct of sovereign individuals, international organizations and individuals involved in cross—border economic, business transactions and in international economic relations in general. Modern international economic law includes areas of law in various fields: international trade, international financial law, regional economic integration, international development law, international commercial arbitration, international intellectual property law and international business regulation. A feature of modern economic relations in the field of international law is the activation of non-governmental and non-governmental organizations, along with an increasing number of transnational organizations, as well as private actors who play a significant role in market formation, the development of competition and pricing, as well as lobbying for the interests of certain individuals and individual states.
At the same time, international economic law also represents a set of legal norms in various sub-sectors. One of the most important and actively developing is the MEP. Despite the fact that the energy sector is considered one of the oldest spheres of human activity, its legal international institutionalization, covering several persons, began relatively recently and continues to this day, along with the development of new energy sources.
Many experts suggest that the impetus for the development and structuring of international economic law is the oil crisis that arose in the 70s of the last century, due to the fighting in the Middle East and the involvement of foreign actors, in particular the United States of America. However, it is worth emphasizing that the prerequisites for the further development of the international energy sector, after the creation of the Yalta-Podsdam system, existed earlier. A striking example is the establishment of the Organization of Petroleum Exporting Countries in 1960. In order to preserve national resources and create the necessary tools to regulate the oil market, after the decolonization process, five States from the Middle East and Latin America created OPEC. As this structure expanded, its global influence also increased, which led to the "oil boom" in 1973 and from which, to a greater extent, the US economy suffered, but it was he who prompted many states to rethink their energy policies and take the necessary measures to prevent similar incidents in the future. After these events, the Ministry of Energy was established in America, and the role of alternative sources was also revised as an integral part of the country's overall energy security. In Europe, the oil crisis of the 70s did not go unnoticed and a number of states, at the initiative of Washington, advocated the creation of an organization that would be responsible for the preservation and development of energy markets, maintaining supply and demand, as well as researching new sources. Thus, the International Energy Organization was established in 1974.
The creation of the consultative forum of the 4 most industrialized countries in Europe, the USA and Japan is also often associated with the "oil boom". In 1975, the G6 member countries gathered in a small French town to discuss the accumulated disagreements in the field of economics and trade. Many experts argue that the events of 1973 prompted many leaders to think about the topic of energy supplies and diversification, which subsequently became an integral part of the discussion.
Thus, the topics of energy security and regulation of the energy market gained special attention in the second half of the 20th century. After the global crisis, which hit almost all the economies of the most developed countries, the world elites became concerned about the underdevelopment of regulatory mechanisms for global energy markets, as well as the lack of necessary institutionalization, both at the regional and global levels. Understanding this fact launched the process of creating various kinds of associations and the regulatory framework necessary for the stable development of this sector. Their formation continues to this day, as new energy sectors are emerging today, which for the most part fall under the category of renewable or alternative sources. In many countries, they are actively developing, however, not only in terms of technological process, but also in the field of legal regulation. For example, hydrogen, which is a relatively new source of energy in the context of its peaceful use, is actively attracting the attention of many government organizations. Thus, the US Department of Energy published a document entitled "DOE National clean Hydrogen Strategy and Roadmap", in which it assessed the use of hydrogen for industrial purposes, increased its market share, stimulated many companies to reduce their carbon footprint through the use of H2, and also gave an example of planned investment projects to expand the use and production of hydrogen along with the development of CCUS technologies. Another example is Germany, where a strategy for the development of the hydrogen industry through public and private investments is being actively implemented. The German government established the Energy and Climate Fund (ECF) and the National Innovation Program in the field of Hydrogen Technologies and Fuel Cells (NIP), with the help of such organizations, the scientific potential is actively used to identify the most promising industries for the use and accumulation of H2. There are a huge number of similar programs in various countries of the world, many of them combine with partners from other countries to improve the final result. However, it should be emphasized that their main goal is the timely regulation of the use of an alternative energy source, as well as its early introduction and scaling into the energy network to diversify energy resources.

In the context of "energy law", it should be emphasized that it covers not only regulatory norms in the field of mining and mining or the operation of a plant, but also refers to a logistical procedure that includes transit, transportation through third countries, cargo protection for the period of transportation, as well as pre-agreed conditions satisfying both parties regulations and norms for the construction of a station or the necessary infrastructure, almost every area includes safety standards and a list of measures taken in a separate document, the implementation of which is necessary in case of an emergency. Any direction of the energy market also involves regular international and regional meetings, at different levels, to coordinate the actions of participants and develop new measures to meet the latest challenges. Regulatory functions in various fields are performed by authorized bodies, each of them is responsible for its own field of activity, and as a new energy source appears on the global market, a similar institutional instrument appears.
The main regulatory and advisory body in the international arena is the United Nations. Due to its high representativeness, the opinions and requests of absolutely every State in the international arena are taken into account within this organization. It is with this fact in mind that the Sustainable Development Goals were developed on the sidelines of the Paris Summit in 2015, which are a kind of call to action emanating from states around the globe. In the context of energy law, it is necessary to speak separately about Goal No. 7 "Affordable and clean energy". As emphasized on the UN open resources on the Internet, SDG 7 is one of the main priorities for achievement, since it is associated with the successful implementation of the rest, including those related to the environment or "sustainable cities": "If this goal is not achieved, it will be extremely difficult to ensure access to quality healthcare and education, gender equality, new jobs, economic growth, sustainable consumption or effective fight against climate change, which jeopardize the achievement of all goals." Another equally important factor is affordable, stable and reliable energy. In this context, despite the central role of the United Nations, sectoral international organizations are directly involved in the development of various types of energy, which achieve their goals by consolidating the efforts of international actors. The role of a regulatory instrument in this mechanism has been assumed by international energy law, since due to the interaction of various states, experience, technologies are exchanged and access to electricity is expanding. However, it should be emphasized that every step in this direction is strictly regulated, including in order to fulfill the goals of the United Nations, which are one of the priorities of global security.
As this work was being written, two of the oldest institutions in the energy sector have already been touched upon: OPEC and the IEA. However, in order to demonstrate in more detail the regulatory bodies of the industry in the energy sector, it is necessary to give several other examples. The first organization that is engaged in activities in the field of hydropower, which in turn relates to alternative energy sources, is the International Hydropower Association (International hydropower Association). The Association, established in 1995 under the leadership of UNESCO, is engaged both in the development of advanced technologies in the field of hydropower, and in the creation of methods and documentation necessary for the promotion of this industry and for its sustainable development, taking into account all environmental standards. Structuring the legal foundations of this industry is necessary, among other things, to prevent the emergence of territorial claims between neighboring states, as well as to avoid conflicts related to the availability of fresh water, especially in arid regions. Despite the existence of such an organization as the IHA and a voluminous bank of documents regulating activities related to the surface of water resources, many jurists argue that to this day there are unresolved and controversial issues that require systematization and consolidation of international bodies, along with attracting even more attention from the world community. Thus, despite the fact that hydropower has been present on the global energy market for quite a long time, its legal framework requires significant work, due to the formation of new rules and regulations that meet modern challenges.
Another equally important body regulating the activities of alternative energy sources, the legal framework of which is not as complete as that of traditional ones, is the International Renewable Energy Agency. The activities of this association are related to the use of all forms of renewable energy, as well as providing access to information and dissemination of knowledge and technologies in this area. The activities of such Agencies contribute to the development and unification of the necessary legal documentation for further dissemination and creation of the most favorable conditions for certain types of energy. However, today, due to the fact that most renewable energy sources are relatively young, and their percentage in the global energy market is not large, the international community cannot fully predict those situations that would require a legal framework, moreover, new rules often come into confrontation with national regulatory norms. That is why, as they spread, the legal framework of alternative energy sources will be proportionately replenished as previously unresolved problems arise.
In the context of organizations regulating the activities of international actors and being one of the oldest in the Yalta-Podsdam system, the International Atomic Energy Organization is. The Agency, established in 1957, is the main body for supervision of activities in the field of nuclear energy and is part of the UN system. Its main functions are: monitoring the implementation of agreements signed between the organization and States, encouraging the exchange of scientific knowledge, as well as research and development in the field of peaceful nuclear energy. It should be emphasized that any activity related to the use of radioactive sources for peaceful purposes is the responsibility of the Organization. However, in the context of international energy law, it should be mentioned that the IAEA is developing conventions regulating the activities of international actors related to radioactive sources, they relate to both transportation, fuel used, safety, and the amount of radiation emanating from a certain element, which is calculated using the specified formula and allows you to determine the necessary actions, in the case of To work with the source, it is necessary to add the regular release of the IAEA Glossary, which helps to avoid misinterpretation of an international treaty, as well as the presence of a developed system of structural organizations. Such activities of the Agency make it possible to minimize the occurrence of disputes between actors related to nuclear energy, ensure the safety of potentially dangerous facilities and their actions, make the field of nuclear energy more attractive and put it on a par with other alternative sources. However, despite the versatility, importance and wide network of subordinate institutions of this Organization in the international arena, there are a number of other associations that have largely emerged thanks to the IAEA, but which also make a significant contribution to the development of the nuclear industry. These include: the International Energy Agency, the World Nuclear Association, the International Commission on Radiological Protection, the Nuclear Suppliers Group, and so on. All of them together create a unified legal framework necessary for the normal and stable functioning of the nuclear industry.
Returning to the UN, it should be mentioned that in 2014 a resolution was adopted declaring the next decade the "Decade of Sustainable Energy". Such a document is a kind of signal for other international actors to strengthen legal and investment policies in the field of alternative energy sources.
Despite the rich nature of the normative aspects of modern policy in the energy sector, international relations today are undergoing critical changes associated with the emergence of new crises and challenges, most of which cannot be overcome with the help of tools that arose after the end of World War II and with the creation of the United Nations. At the same time, many experts argue that the life cycle of the Yalta-Podsdam system came to an end with the collapse of the Soviet Union and the socialist system as a whole. Those international instruments that were developed and used from the beginning of the 50s to the end of the 80s served as the foundation for the further development of both international public and economic law. A striking example is the General Agreement on Tariffs and Trade (hereinafter - GATT), signed by 23 states in 1947. One of the most exciting issues in the post-war world order was the restoration of the international economic system, most of which was significantly weakened by prolonged hostilities and the destruction suffered. Moreover, Germany's ambitions and subsequent actions showed the whole world that the international order of that time required drastic changes. It is for this reason that many conferences and meetings were held between the leaders of the leading states: the USSR, the USA and Great Britain. The most important, in the field of economics, is the United Nations Monetary and Financial Conference, or better known as the Bretton Woods Conference. The parties discussed the subsequent restoration of monetary and financial relations and the creation of the necessary bodies for their regulation. As a result of this meeting, 44 States of the anti-Hitler coalition established organizations such as the World Bank and the International Monetary Fund. Later, it was planned to create an Organization for International Trade (hereinafter - OMT), the charter of which was developed for about four years, but due to disputes with the national legislation of many participants, it was never adopted. However, the GATT has become another regulatory instrument in the field of international economic relations. Initially, the Agreement was planned as a temporary measure before the creation of the OMT, but eventually became the only instrument regulating international trade. In essence, the GATT is a multilateral agreement containing principles and legal norms that apply to all parties participating in the document, necessary for the equitable regulation of international trade. The Agreement consisted of 4 parts, 9 appendices and 35 articles and since its creation in 1947 has practically not undergone any changes. The main views that guided the creation of this document were:
1) Equality in trade
2) Protection of the domestic market
3) Dispute resolution through negotiations
4) Tariff reduction
5) The principle of reciprocity
is precisely this factor of stability and commitment to the fundamental principles of the United Nations, which made it possible to successfully fulfill most of the goals set and ensure mutually beneficial trade to the participating states. It should also be emphasized that for almost half a century, the parties held rounds of negotiations, which worked out the necessary conditions and concessions for the further successful implementation of the Agreement. There are 8 most important ones, the main topics for discussion on which were: tariffs, anti-dumping measures, subsidies, customs valuation, later intellectual property and regulation in the service sector were added to this list. Regular consultations eventually led to the creation of the World Trade Organization in 1995.
The transformation of the General Agreement on Tariffs and Trade into the WTO is a vivid example of changing geopolitics and, as a result, the need to transform the international political system. The collapse of the USSR, the formation of many independent states in its place, as well as the disappearance of the communist system on the world map, along with the development of economic relations between "new" actors, required the international community to create the necessary new tools that meet modern challenges, such was the World Trade Organization, which included, among others: GATT, GATS, TRIPS, TRIMS and more than 30 other international agreements and treaties. However, according to many experts, the modern world is once again facing new international challenges, which most likely go beyond the existing norms and rules and which will require urgent solutions in the foreseeable future. In this context, international energy law is one of the first priority in the queue, which requires a certain systematization in the context of international economic relations, since the modern energy market is undergoing transformations associated with the emergence and spread of alternative energy sources, most of which do not have a regulated international legal framework, equally applicable to all international actors, including multinational companies. In turn, the developed system of international organizations related to various types of energy does not always make it easier to standardize and identify the most effective and favorable instruments for regulating markets. It should also be emphasized that "new" actors are playing an increasingly important role in the international energy arena, due to the increased demand for alternative minerals that are used in modern technologies. One of these resources is lithium, which is used in the production of microchips. It is precisely because of the awareness of its importance that the countries with the richest reserves have never taken the initiative to create an interregional organization like OPEC, which would regulate its supply to the international market. However, due to insufficient attention from the public, this idea was never implemented.
Summarizing the above, it can be concluded that those resources that are increasingly in demand need proper control in order to avoid the situation in 1973 and increase their availability on the world market for all interested parties.
In addition to the desire to get the most benefit, the energy market is driven by another aspect, which often plays a decisive role. In this context, it is necessary to talk about energy security (hereinafter referred to as EB). The modern security of the state is not limited only to the developed armed forces and the developed military-industrial complex, it also covers various fields of activity, from the economy to energy. The policy of sustainable development, which is actively promoted in the international arena within the framework of various organizations and which has been reflected in positive international law, partially reflects the basic principles of comprehensive security.
For a long period of time, the international community has been striving for the comprehensive development and unification of international law, with the aim of blurring borders and separatization from the general state policy of certain types of relationships, to a greater extent, in the economic sphere. The twentieth century was marked by the creation of a large number of supranational international organizations in the field of energy. Their main goal was to regulate energy markets by building equal relations between countries and providing consultations between participants to develop a common action plan. A characteristic feature is the fact that exporting and importing countries, in most cases, were considered on the same plane to prevent conflicts of interest and the possibility of manipulation based on the presence or absence of minerals. However, despite all efforts, this balance turned out to be quite fragile and the oil crisis of the 70s showed the need for even greater structuring of international energy law in order to prevent the subsequent possibility of using the supply of any energy resource as a mechanism of pressure on an international actor. Such an approach is a vivid example of the formation and development of a common energy security. Despite the initial positive component of such actions, many States, including the European Union, which do not have enough minerals on their territory, initiated the development of international law in the energy sector in order to diversify supplies and provide themselves with a sufficient amount of energy resources. This led to the fact that many international agreements and treaties were drawn up taking into account the needs of importing countries, often creating artificial competition between exporting countries and making them dependent on energy supplies to certain regions. Moreover, the active investment policy of more developed countries did not allow local producers to develop and expand, and thus, with the help of various TNCs, NGOs, etc., de facto, without violating international legislation in the field of sovereignty over national resources, deprived the less developed state of significant income items and privatized their minerals. Thus gaining full control over the extraction, delivery and consumption of energy resources, bypassing national interests and mutually beneficial partnerships with other countries. A striking example in this context is the African continent, where, despite the policy of decolonization in the 20th century, there is still an active presence of Western European states in the form of international companies that are actively engaged in mining ores, metal, oil, gas, etc., actually using countries as incubators for obtaining raw materials and further exporting it without developing or investing in the producer state, thereby pursuing a parasitic policy towards its allies. Similar actions could be observed during the period of colonial empires.
For more than 30 years, Western states have actively used this method of ensuring energy security, adhering to international law only when it was convenient for them. But over the past decade, the global geopolitical landscape has changed. The role and independence of the political courses of many states in such regions as Africa, the Middle East, Latin America and Southeast Asia is increasing, thereby giving impetus to the formation of a system that can be described as a "Concert of Powers". A distinctive feature of such a device is the development of relations, primarily between regional states, with the subsequent identification of its "leader" - the most economically and politically developed state. Ultimately, various players will form in the international geopolitical arena, able to jointly defend their own interests and at the same time promote them in the international arena. Such associations, based not only on ideology, but also taking into account geographical and cultural factors, will allow weaker states to strengthen their positions and participate in foreign policy life on a par with more developed states. However, in this context, it should be emphasized that the main point for the successful interaction and functioning of such regional block unions is their sufficient involvement in the international community for the successful development of not only their domestic economies, but also the entire global market, as well as the availability of supply and demand policies, otherwise, disputes and economic problems that have arisen, covering several actors at once, they can lead to a clash of several states at the same time and the previously concluded alliance will not contribute to solving problems, but only exacerbate them.
28 October


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