Title: Fragmentation in International Energy Law: managing an inevitable phenomenon

Authors: Hojjat Salimi Turkamani

Addresses: Azarbaijan Shahid Madani University, Tabriz, Iran; Alexander von Humboldt Foundation, Heidelberg University, Germany

Abstract: International Energy Law (IEL) in its process of gradual development and evolution has faced the phenomenon of fragmentation in terms of norms and institutions. Normative fragmentation is the logical consequence of the diversification of energy resources, the pursuit of national interests and the intersection of energy issues. Likewise, the reactive basis for the establishment of international organisations and the lack of a global energy organisation with comprehensive jurisdiction cause institutional fragmentation in IEL. This two-dimensional fragmentation leads to conflict or overlap between environmental, economic and political rules and institutions of energy law. The question is how this inevitable issue can be solved? This paper shows that normative fragmentation can be resolved on the basis of traditional VCLT principles, including the harmonious interpretation and supremacy of economic norms over others. But more initiative is needed in the management of institutional fragmentation. The article argues that the creation of world organisation with comprehensive jurisdiction, the preference of energy economic organisations and the creation of hybrid energy organisations are appropriate solutions for managing the institutional fragmentation, respectively.

Keywords: International Energy Law; IEL; normative fragmentation; institutional fragmentation; coherence; efficiency.

DOI: 10.1504/IJPLAP.2025.143343

International Journal of Public Law and Policy, 2025 Vol.11 No.1, pp.1 - 17

Received: 28 Dec 2022
Accepted: 23 Jun 2023
Published online: 16 Dec 2024 *