Does Energy Law Exist? Part 1: The Subject, Entities and Method of the Regulation

Abstract

In 2021, 28 years have passed since the prominent discussion on the status of economic law (including, in particular, public economic law) as a new branch of law. This discussion found its place in the first issue of the Legal, Economic and Sociological Movement of 1993. In this work, the author tries to answer the question of whether energy law exists as a separate field (regarding research and university teaching) and branch of law. It seems that the discussion from years ago on public economic law is fully applicable to the current issue of the independence of energy law as a branch of law and research. The analysis of the subject of energy law regulations, specific subjects — addressees of this legal regulation, the method of regulation and its specific goals (axiology of regulation) — leads to the conclusion that the thesis is true. The work also presents the genesis and development of energy law from the 19th century. The author reviews the world’s textbooks in this area, the number of which is quite significant (mainly English-language items). All the above-mentioned analyses and arguments support the motion to recognize energy law not only as a new research and teaching field, but also as a new branch of law.

This publication is divided into two parts. In the first part, there are fundamental arguments related to the subject of the regulation, entities governed by the regulation, and the specific method of the regulation, which are in favor of treating energy law as an independent branch of law.