What is Energy Law?

 

Energy law is a branch of law that covers legal regulations related to the energy sector such as energy resources, production, distribution and consumption. It includes elements of many different branches of law such as energy law, environmental law, public law, private law and international law. Energy law also covers issues such as access to energy resources, energy investments and projects, energy production, transportation, distribution, storage, import and export, energy markets, pricing, tariffs, licensing, regulatory bodies, competition law and energy law disputes.

It is a branch of law that includes legal regulations related to the energy sector in general. The energy sector consists of many different energy sources such as oil, natural gas, coal, nuclear energy, hydroelectric, wind, solar energy, biomass and other renewable energy sources. Energy law covers all processes such as the extraction, processing, transportation, distribution, storage, use, pricing and auditing of these resources.

Energy law includes provisions regulating cooperation between the private and public sectors. In this context, private companies operating in the energy sector have to fulfill certain legal regulations in order to have access and use rights to energy resources. These legal regulations generally include environmental, health and safety issues, energy saving, use of renewable energy sources, promotion of investments and competition law.

Energy law also includes the functions and powers of regulatory agencies. These regulatory bodies generally have the authority to monitor, supervise and regulate activities in the energy sector. In addition, companies operating in the energy sector are required to comply with various legal regulations such as the protection of the environment and natural resources.

Finally, energy law has an important role in resolving energy law disputes. These disputes often arise from investment disputes, licensing, taxation issues, environmental impacts and competition law issues. By working with other branches of law such as international maritime law, commercial law, environmental law and public law, energy law attorneys help resolve these disputes.

 

Renewable Energy Law

 

Renewable energy law refers to a field that covers the legal regulations regarding energy production based on renewable energy sources. This branch of law has emerged in order to encourage the use of renewable energy resources, to support and regulate investments, in line with the goals of combating climate change and sustainable development.

Renewable energy sources include solar, wind, hydraulic, biomass, geothermal etc. resources are included. Renewable energy law covers the regulations regarding the use of these resources. For example, licensing and permit processes for electricity generation based on renewable energy resources, electricity tariffs, incentives and tax exemptions applied to support renewable energy resources, regulations for the control of environmental impacts of renewable energy facilities, energy efficiency, etc. The issues are regulated in the field of renewable energy law.

Renewable energy law is gaining importance not only at the national level but also at the international level. Because renewable energy sources bring along cross-border trade and investments. Therefore, renewable energy law has become an internationally regulated area for the regulation and protection of international trade and investments.

 

Energy and Environmental Law Relationship

 

Energy and environmental law are branches of law that are closely linked to each other. Energy production, transport and use can have many environmental impacts. Energy and environmental law play an important role in the management of these impacts.

Issues such as access to energy resources, control of environmental pollution, waste management, protection of water resources and use of renewable energy resources are frequently discussed in the fields of energy and environmental law.

Access to energy sources can have environmental impacts such as mining and land use for the production of fossil fuels, which can be harmful to the environment. For this reason, environmental restrictions and permits on the use of energy resources are often set under environmental law.

There is also the risk of environmental pollution during energy production. Energy companies are generally licensed to operate in an environmentally friendly way and must take measures to reduce the environmental impact of their operations. These measures are determined within the scope of environmental law and energy law.

In addition, waste management also links energy and environmental law. Proper management of wastes generated as a result of energy production and use is important in terms of reducing environmental impacts.

Finally, the use of renewable energy sources is a confluence of energy and environmental law. Renewable energy sources stand out as an option with fewer environmental restrictions on energy production, as they have a lower risk of harming the environment.

For all these reasons, energy and environmental law are two branches of law that complement each other. Energy companies, legal advisers and environmental professionals often work together to manage the environmental impacts of energy production and use.

 

International Energy Law and Its Impact on Domestic Law Systems

 

International Energy Law is a branch of international law and includes a set of legal principles governing the use, distribution, trade and protection of energy resources. This branch of law provides increased cooperation between countries due to the critical importance of energy resources. This cooperation gains even more importance due to the limited energy resources and the increase in the world population.

International energy law covers international conventions, agreements, protocols and other legal documents related to energy resources. Among these documents are international environmental conventions such as the Universal Declaration of Human Rights adopted in 1948, the 1992 Rio Declaration, the Kyoto Protocol and the 2015 Paris Agreement.

The impact of international energy law on domestic legal systems stems from the fact that these systems must comply with international energy conventions. Many countries need the support of foreign investors to increase their access to energy resources. However, these investors must act in accordance with international law and respect the domestic law of the countries in which they invest.

In addition, the impact of international energy law on domestic legal systems is also reflected in the regulatory decisions of governments in the energy sector. In particular, countries have to act in accordance with international law and fulfill their legal obligations while determining their energy policies. This can also affect energy trade and investment between countries.

 

Turkish Legal System and Energy Law Legislation

 

Within the Turkish legal system, energy law legislation has been developed by taking into account the issues such as meeting the increasing energy demand, privatization of the energy sector, effective use of energy resources and protection of the environment, especially in recent years. Energy law legislation consists of various laws, regulations, statutes and decrees.

Among the basic laws of energy law legislation in Turkey, Electricity Market Law, Petroleum Market Law, Natural Gas Market Law, Wind Energy Electricity Production Regulation, Solar Energy Electricity Production Regulation, Regulation on the Use of Renewable Energy Resources for the Purpose of Electric Power Generation, Energy Efficiency Law and Regulation, Energy Performance Certificate Regulation, Energy Enterprises Regulation, communiqués and regulations issued by the Ministry of Energy.

This legislation brings regulations on subjects such as electricity, oil, natural gas, renewable energy sources and energy efficiency. It is also related to other areas of law such as energy law legislation, environmental protection, consumer rights, competition law, taxation and financial regulation.

Energy law legislation has an important role in the regulation and development of the energy sector in our country, increasing the use of renewable energy sources, energy efficiency, environmental protection and protection of consumer rights.

Energy law is a broad subject area and includes many sub-branches. For this reason, there are a lot of regulations related to this field. These sub-branches include:

• Oil and gas law: It covers issues such as the operation of oil and gas resources, contracts, exploration and extraction activities, licensing and regulation.

• Electrical energy law: It covers subjects such as regulation of electricity generation, transmission and distribution, energy markets, licensing, tariffs, renewable energy sources, energy efficiency and energy saving.

• Nuclear energy law: It covers issues such as regulation of nuclear energy, waste management, safety, inspection and responsibility.

• Renewable energy law: It covers issues such as regulation and promotion of the use of renewable energy resources such as wind, solar, hydraulic, biomass, geothermal, licensing, tariffs, regulatory and legal framework. Among these, solar energy law also has importance.

• Energy market law: It covers topics such as energy trade regulation, market control, competition rules, investment promotion, consumer protection, pricing and tariffs, energy stocking, LNG trading, and energy exchanges.

• Energy efficiency law: It covers the measures to be taken to increase energy saving and efficiency.

Energy law is a very complex field and constitutes an important legal area for companies operating in the energy sector. Energy law attorneys are lawyers specially trained and experienced to provide legal advice to their clients in this complex field.

Energy law attorneys can identify the legal risks of energy companies, develop strategies to prevent future risks and use a variety of legal tools to protect the interests of their clients. In addition, they inform their clients about changes and updates in energy law.

Energy law attorneys can also assist their clients in preparing their license applications, project financing, follow-up of licensing processes and representing their clients in reconciliation processes. In addition, they can provide legal consultancy services to their clients working in the energy sector on environmental, health and safety issues.

As a result, energy law attorneys play an important role in providing accurate and timely legal advice to their clients regarding their legal issues. By working with energy law lawyers, companies operating in the energy sector will be able to receive important legal support, where they can minimize their legal risks and operate successfully.

In this context, the main services we will offer to our clients, together with our legal staff with full technical and legal equipment, are listed below:

• Preparation of contracts for the expansion of facilities and refineries, their purchase and sale and all other transactions,

• Preparation of all kinds of contracts, especially the installation contracts of renewable energy power plants, and follow-up of the processes,

• Preparation of treaty texts and participation in negotiation processes,

• Solving the problems of market participants arising from these regulations by providing legal consultancy services on EMRA (Energy Market Regulatory Authority) regulations and market participation issues.

• Follow-up of disputes arising from privatization, expropriation, infrastructure, expropriation and expropriation price disputes and compensations arising in ordinary processes,

• Preparation of legal due diligence reports for energy projects,

• Creating legal status reports in line with the revised and regulated legislation,

• Follow-up on all kinds of permits and administrative applications,

• Providing all kinds of legal support along with signing partnership, cooperation and consortium agreements and providing legal consultancy