Hydrogen Energy: Legal Support and International Cooperation

ISSN 1019-3316, Herald of the Russian Academy of Sciences, 2022, Vol. 92, Suppl. 7, pp. S612–S626. © The Author(s), 2022. This article is an open access publication. Russian Text © The Author(s), 2022, published in Obshchestvennye Nauki i Sovremennost’, 2022, No. 5. Economic Problems Hydrogen Energy: Legal Support and International Cooperation A. V. Gabova,* and M. S. Lizikovaa,**,# a Institute of State and Law, Russian Academy of Sciences, Moscow, Russia *e-mail: **e-mail: Received May 24, 2022; revised May 30, 2022; accepted May 30, 2022 Abstract—The legal support and existing and potential contours and examples of international cooperation in the field of hydrogen energy are discussed. Based on study and analysis of international “hydrogen” initiatives and international organizations the activities of which partly extend to hydrogen, as well as interactions in the field of hydrogen energy within the framework of regional integration associations (BRICS, Eurasian Economic Union, Shanghai Cooperation Organization, Association of Southeast Asian Nations, Regional Comprehensive Economic Partnership, and the European Union) and individual regions, the authors note the lack of clearly defined strategies and plans, which does not contribute to the achievement of visible effects from cooperation, hinders the stability of international energy markets, and raises questions about the need to develop new rules at the international level, which should be enshrined in relevant international agreements in this area and on the creation of an international organization that would become a world center for cooperation in the field of hydrogen. Keywords: hydrogen energy, hydrogen, renewable energy sources, energy transition, international cooperation, energy law DOI: 10.1134/S1019331622130020 INTRODUCTION Many factors influence the development of the energy industry both in Russia and around the world, which, ultimately, is reflected in various kinds of conceptual and strategic documents adopted by both individual states and their associations (unions) and international organizations. One of the factors that determine the vector of development and technologies in the energy sector, the economic nature of decisions, and legal decisions was the discussion of climate change, which resulted in decisions related to decarbonization. This agenda eventually became global; in connection with its discussion, a new energy transition was mentioned, the content of which should be the transition from traditional technologies for the production and use of energy and energy sources to renewable ones. It should be noted that the scientific literature does not limit the energy transition only to the indicated content; the energy transition is “a more complex and integrated phenomenon, involving an increase in energy efficiency, a reduction in the extraction of natural resources, and an extension of # RAS Corresponding Member Andrei Vladimirovich Gabov, Dr. Sci. (Law) is Acting Head of the Sector of Civil and Business Law, Institute of State and Law, Russian Academy of Sciences. Marina Sergeevna Lizikova, Cand. Sci. (Law) is a Senior Researcher, Sector of Civil and Business Law, Institute of State and Law, Russian Academy of Sciences. the life cycles of basic materials (primarily due to the widespread introduction of the principles of a circular economy)” [Kodaneva, 2021]. Economic and legal decisions aimed at implementing the ideas of a new energy transition entail not only changes in the technologies used in the energy sector (which is, no doubt, positive in itself), but also create competition between traditional and new (carbon-neutral and low-carbon) energy sources and technologies, changes in the investment and energy policies of states and, accordingly, the geopolitical alignment of forces in the world, and at the same time give rise to new risks and challenges in the field of energy security: from the high financial and technological costs of energy decarbonization to serious socioeconomic and political shocks [Borovsky, 2021]. Moreover, ideas are being expressed about a “new understanding of energy security” [Farah, 2020], the hallmarks of which are a shift in priorities from ensuring supply to strengthening diversification; counteracting the negative impact of energy consumption on the environment; incorporating sustainability into energy and policy at both the national and international levels; and developing new strategies that provide a balance of sustainable, secure energy and economic development. Part of the new agenda was the use of hydrogen and the development of hydrogen energy, as well as hydro- S612 HYDROGEN ENERGY gen technologies. According to the International Energy Agency (IEA), the development of hydrogen energy is designed to help create a sustainable energy system and achieve zero emissions targets by 2050 [IEA, 2021]. However, to implement the corresponding scenarios (forecasts), it is obviously necessary to develop international cooperation in the field of hydrogen energy. In conditions when many states have already adopted national strategies for the development of hydrogen energy and in order to build an international hydrogen economy that would take into account the balance of interests of the new industry and national energy security, it seems appropriate to implement a consistent coordinated policy in this area and apply joint efforts aimed at creation of mechanisms for international legal regulation, especially in terms of ensuring security and developing a system of international standards and certification [Lizikova, 2021]. At the same time, in order to determine and set priorities in international cooperation in the field of hydrogen energy, both at this stage and in the future, a clear agreed vision of the role of hydrogen in the global energy system in 2030, 2040, and 2050 is necessary in accordance with the Paris climate agreement, which would be the basis for combining national strategies into global and regional roadmaps [Van de Graaf et al., 2020] and, ultimately, would help to minimize the risks of gaps in strategies (and, accordingly, their elimination), as well as the risks of not meeting the set goals. The IEA roadmap [IEA, 2015], developed to identify the most important actions required in the short and long term for the successful development and implementation of hydrogen technologies in support of global goals in the field of energy and climate and an IAEA roadmap1 informing about the commercial deployment of hydrogen production using nuclear energy can serve as tools to assess, plan, and develop state hydrogen projects. The former, which plays a key role among the priority areas of international cooperation for the development of hydrogen technologies, indicates the need to spread knowledge about hydrogen technologies between developed and developing regions, the possibility of attracting developing countries to activities aimed at depl (...truncated)