Legal Approach to Energy Security of Iran: With Special References to Crude Oil and Gas

• Author: Elham Aminzadeh - Nasser Khodaparast
• Position: Associate Professor in Public International Law at the University of Tehran. LL.B. / LL.M. (Univ. of Shahid Beheshti, Iran), Ph.D. (Glasgow). Former Legal Deputy of President Rouhani. Head of Energy Law Research Institute of University of Tehran, Former Research Deputy of Faculty of Law and Political Sciences of University of Tehran. The author...
• Pages: 71-89

Elham Aminzadeh

∗

& Nasser Khodaparast

∗∗

Despite the current developments in creation of state security, the question of affording

energy security is of paramount importance worldwide. Hence, all countries try to

adopt myriads of laws and regulations aimed at energy security. Energy security

relates to the degree of economic welfare attached to the rise or fall in either the price

or availability of energy. The Islamic Republic of Iran, on the one hand is located

in a strategic center of producing and exporting energy (oil and gas) known as

“ellipse of energy.” On the other hand, it is situated in the transit way of energy to

large consuming markets such as South and East of Asia and Europe. Thus, Iran is

currently considered as an effective player in providing energy security in the world. In

this article, the authors seek to analyze the strategic policies and priorities stipulated in

the oil and gas-related regulations of Iran in terms of energy security.

Keywords

Energy Security, Oil, Gas, Iran, Iranian Laws and Regulations

Legal Approach to

Energy Security of Iran:

With Special References

to Crude Oil and Gas

∗ Associate Professor in Public International Law at the University of Tehran. LL.B./ LL.M. (Univ. of Shahid Beheshti,

Iran), Ph.D. (Glasgow). Former Legal Deputy of President Rouhani. Head of Energy Law Research Institute of University

of Tehran, Former Research Deputy of Faculty of Law and Political Sciences of University of Tehran. The author may be

contacted at: eaminzadeh@ut.ac.ir / Address: Faculty of Law and Political Sciences, University of Tehran, 16 Azar Ave.,

Enghelab Sq, Tehran, I.R. Iran.

∗∗ Ph.D. candidate in Oil and Gas Law at Tehran University); Lecturer of International Law & Oil and Gas Law at Teheran

University; Legal Advisor of NIOC; Attorney-at-Law (Iran Bar). LL.B. (Qom Univ.), LL.M. (Tehran). The author

would like to thank Dr. Rabiee for reading drafts of this paper and giving his constructive feedbacks. The author may be

contacted at: N.Khodaparast@nioc.ir / Address: 9th Floor, Ministry of Petroleum Building, Taleghani Ave., Tehran, Iran.

J. EAST ASIA & INT’L L. Vol. 12/No.1 (2019); 71-90

Publication type : Research Article

Section : Notes & Comments

DOI : http://dx.doi.org/10.14330/jeail.2019.12.1.04

72 E. Aminzadeh & N. Khodaparast

1. Introduction

Security connotes the state of being free from danger or threat of a state or an

organization against criminal activity such as terrorism, theft, espionage or military

attack and/or procedures followed or measures taken to ensure such a state. In this

sense, security is a familiar concept in all human societies from a small primitive tribe

to the great empires. For this reason, policy-makers of each government constitute a

“secure military situation”   

security agenda.

1

Up until the late 1990s, the primary element of security was regarded as military

defense.

2

However, threats to the security are getting more exhaustive and complex.

      

instance, environmental degradation is considered as one of the most critical factors in

annihilating human security. It was unknown to all just a few decades ago. Moreover,

  

from a political, military, economic, social and environmental perspective.

3

In general,

security can be classified into two dimensions which are deeply interlaced with

      



other matters.

4

  

      

Environmental security and other issues.



In particular, today, the energy security, especially regarding oil and gas is a

highly central security issue in contemporary societies.

6

Energy, and in particular oil

       

1 B. BUZAN, PEOPLE, STATES AND FEAR 23 (Mojtaba Attarzadeh ed., 2018).

2 Id.

3 B. BUZAN ET AL, A NEW FRAMEWORK FOR SECURITY ANALYSIS 78 (Tehran Strategic Studies Institute ed., 2015).

only in Iranian>

4 M. DRENT ET AL, THE RELATIONSHIP BETWEEN EXTERNAL AND INTERNAL SECURITY 7 (D. Zandee et al. eds., 2014), available

at https://www.clingendael.org/sites/default/files/pdfs/The%20relationship%20between%20external%20and%20

internal%20security.pdf. See also P. Katoch, Internal Security: Need for Comprehensive Matrix, SCHOLAR WARRIOR

18 (2016), available at https://www.claws.in/images/journals_doc/960908944_PrakashKatoch.pdf; M. Stone,

Security According to Buzan: A Comprehensive Security Analysis, 1 USA Security Discussion Papers 2-4 (2009),

available at http://citeseerx.ist.psu.edu/viewdoc/citations;jsessionid=5D2011862012306B62F319D2D6F3CD23?doi=

10.1.1.615.5880 (all last visited on May 20, 2019).

5 D. Baldwin, The concept of security, 23 REV. INT’L STUD. 23 (1997).

6 E. Duruigbo, Oil, Turmoil, and A Texas Export for Energy Security, 37 T. MARSHALL L. REV. 231 (2011-12).