The Development of International Law in the Field of Renewable Energy

Energy plays a pivotal role in ensuring economic growth, social equity and live-able environment. In this regard, the non-renewable or conventional source of energy such as oil, gas and coal continue to supply the energy demand throughout the world. Nevertheless, as the awareness of the international society towards the protection and preservation of the global environment is rapidly growing, the utilization of energy resources has been gradually shifted from the non-renewable to renewable ones. Observing the international developments in the field of energy, further international legal instruments is required to be able to regulate renewable energy activities undertaken by the countries today. Although there have been a number of rules in international law, but until recently, most of these regulations is still not legally binding. Moreover, to achieve world order that uses renewable energy, international law also had to resolve some fundamental issues, namely the issue of state sovereignty and energy security.


INTRODUCTION
The World Bank has given a limit on the standard of the basic needs that should be enjoyed by every human being, i.e food, water, shelter, health, education and employment.From these basic needs, energy is not directly mentioned (regarded as part of the food, where chemical energy from food can help the body function), but to enjoy all kinds of such basic needs, the human being requires energy.In the context of the mankind, there is a clear link between energy and social welfare, whereas in the context of economic and trade, energy called a very important factor of production. 1 In short, is the increased greenhouse gas emissions are 80% the amount resulting from human consumption of the fossil-based energy. 5The International Energy Agency (IEA) noted that the world's need for fossil-based energy will increase by at least 50% by 2030 with India and China as the countries that most contributes to the largest number on the rise in world energy demand. 6e impact of global warming and climate change is feared will provide a serious threat to human life.If not taken seriously, it is feared there will be an increase in sea levels ranged between 0.8 to 2 meters in 2100. 7The increase in the sea level will not only melt glaciers and ice in the pole, but also lead to rising sea temperatures.The Intergovernmental Panel on Climate Change (IPCC) report that there was an increase in sea water temperatures between 0.36 0 C to 0.6 0 C in the late nineteenth century.In  McMullen and J. Jabbour.(2009)."Climate Change Science Compendium" Available online from: http://www.unep.org/pdf/ccScienceCompendium2009/cc_ScienceCompendium2009_full_en.pdf,accessed on 14 March 2015, at.19.40.  to immediately take preventive measures before changes in ecosystems becomes more distant and uncontrollable. 8 simple terms, the increase in sea water can start causing sinking small islands, increased storm activity, and may even have an impact on food security, water and sanitation problems.If the impact is very severe, it can also impact the massive migration, thereby potentially threaten world peace and security. 9n an effort to prevent global catastrophe, scientists have agreed, that the global temperature do not rise exceed 2 0 C in 2050, then emissions of greenhouse gases must achieve its peak between 2017 to 2020 and then slowly decline until 2050. 10 ergy policy in the 21 st century. 12The peak of an international effort to reform the usage policy in 2012.The UNs' General Assembly declared the year 2012 as "International Year of Sustainable Energy for All" (SE4ALL). 13rthermore, in order to strengthen the General Assembly resolution on this SE4ALL, UNs' Secretary General Ban Ki-moon has set a number of performance targets by 2030, among other things: 14 1) Open access is universal in terms of energy services; 2) Accelerate efforts to improve energy efficiency; and 3) Accelerate the utilization of renewable energy in the world energy mix from 15% to 30%.
The utilization of renewable energy sources is not a maximal attempt in reforming the energy policy of the world, but the utilization of renewable energy sources is regarded as the approach most lenient in implementing the reforms and the use of energy on an international scale, especially converts energy utilization of fossil-based to energy based on renewable resources.
Based on the data, the utilization of renewable energy will decentralize and decarbonizes the electricity usage to 1.3 billion people on earth who today live without electricity.In addition, the utilization of renewable energy sources will be the The history of international law noted that before 1945, the natural resources (including energy) is not an object of study that systematically studied in international law (with the exception of the arrangement in the field of fisheries and international rivers), but the  Most arrangement in the field of energy formally stipulated in international treaty, which form a written statement between the state and the state, or between states with international organizations.Even though the treaty-based arrangement, but this area is also governed by the customary law and the soft law.Institutions that makes international treaties, among others, international organizations (primarily the UN and the EU) with countries both bilaterally and multilaterally.
Countries and international organizations also made customary law.The soft law is usually born from the international organizations. 21

Institutional Development
UNs' role in making international policy and establishing international bodies that regulate the activity of the countries in the This principle govern that states based on the United Nations' Charter and the principle of international law has sovereign rights to exploit their resources as their environmental policy, and has responsibility to ensure that activities in their jurisdictional is not causing damage of other country environment or area beyond the its country national jurisdictional boundary.This principle confirms that without reduce criterion as agreed by the international community, or standard determined nationally, so consider the prevailing value systems in a country in a case is very required, this thing is likely due to the difference between develop and developing countries.

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This principle explains that the action of international about protection and environment recovery must be handed in the spirit of cooperation by all countries, large or small, based on the equality principle.Cooperation through multilateral or bilateral cooperation or other ways as it is very important to control, prevent, reduce or eliminate the environmental impact that damage activities for all field effectively.Develop and disseminate alternative energy technologies with the aim of giving a greater share of the energy mix to renewable energies … ...with a sense of urgency, substantially increase the global share of renewable energy sour-ces with the objective of increasing its contribution to total energy supply.
With the mention of the term "renewable energy" as much as 12 times, the Johannesburg Plan regarded as "soft law" which openly support the development, implementation, commercialization and transfer of renewable energy technologies. 58Although, the Johannesburg Plan be considered as a legal instrument to the target is not clear and does not regulate the principles that bind, The General Assembly considers the presence of global challenges, especially in the fields of energy, it is necessary to call for the transformation of energy, which is global appeal with clear targets mainly to increase the production and utilization of renewable energy.The appeal also demands action strategies to encourage policy from the domestic to the international level, although not binding, but this strategy has put renewable energy in a discourse of dialogue at the international level is more spacious. 59

Sources of International Law that are Binding (Hard Law)
The development of international environmental regulation, particularly in the field of climate change, is an example of the development of the most excellent of how the world community to react collectively in responding to environmental issues.This regime has made a number of rules that are binding and set a number of obligations under several international treaties and the consequences associated with energy consumption which then impact on the atmosphere and the envi-  Directive specifies no fine financially, if a country cannot achieve the intermediate target.The Secretariat has the right to conduct the evaluation process and provides recommendations if there is a violation, especially when the state is not doing any necessary action to meet the targets that have been given.67 Patricia Park.(2013).International Law for Energy and the Environment, 2 nd edition, Boca Raton US: CRC Press, page.180-182.
In an effort to meet their targets, one or more countries can work together on a joint project to produce renewable energy sources.They can also cooperate with countries outside the EU, even under certain conditions they can also do energy imports from third countries to meet the targets assigned to them. 68If the foregoing, the producers of renewable energy on a small scale considers that there is no transparency and limited access to compete in the procurement of renewable energy, the Directive ensures that the transmission and distribution of procurement of renewable energy should be opened in a transparent and accessible to all companies, small, medium and large scale.Countries members are also required to conduct an assessment of supporting infrastructures in each new district in their respective countries; especially the infrastructure used for domestic purposes, and shall then be submitted in the national plan. 69though the arrangement of renewable energy at the regional level have been quite advanced, but the arrangement of international cooperation in the field of en- In facilitating the arrangement of renewable energy on an international level, international law faces a number of challenges.
These challenges include concerns related to state sovereignty over natural resources and domestic policy of each country about energy security.In addition, the domestic energy policy of many countries today, still make fossil-based energy as the main source of the national energy mix.It can be seen from the amount of subsidies to fossil-based energy world which reached 400 billion US dollars, while the amount of subsidies to renewable energy world only reached 66 billion US dollars. 71The subsidy issue is closely linked to energy security issues, particularly the issue of price stability.
As described above, the legal issues seem to be a barrier in the development of renewable energy sources, particularly related to aspects of maritime law.It is composed of at least two issues, first is related to the issue of sovereignty, secondly related to readiness to facilitate the development of international law in the field of renewable energy, particularly in maintaining global energy security.

State Sovereignty
It should be the concern will be barrier in cooperation in the field of energy; in particular 71 International Energy Agency, World Energy Outlook 2011, page.39.Available online at: http://www.iea.org/publications/freepublications/publication/weo2011_ web.pdf.the renewable energy is state sovereignty.In associated with the arrangement of energy activities in a country, there are at least three aspects of sovereignty are intertwined, namely: 72 1) The Internationalization of Essentially domestic matters; 2) Permanent sovereignty over natural resources; and 3) Principles of international environmental law, such as the "no harm" rule.
Permanent sovereignty over natural resources is inherent in every country, including in managing and utilization of natural resources of the country concerned as an energy source, and create rules that related to the management and utilization of natural resources.
Countries also have external sovereignty in the field of energy management, one form is to establish cooperation with other countries.Some international cooperation formed between India and Iran, for example, that India will flow gas from Iran which has one of the world's gas reserves.In the sector of energy, as stated earlier, management and utilization of energy by countries are also affected by a number of international obligations.If campaigns on the use of renewable energy to the obligations that apply on an international scale, consequently the state to be bound by those obligations, including in the domestic level, countries have to change their national policies in the field of energy even to the selection of energy sources in the development of energy resources and reviewing reset back all the international cooperation which they have agreed.Although no one special instrument which is binding, related to renewable energy resources, but some conventions that are more binding indirectly intersect with the terms of renewable energy, for example in the UNFCCC and the Kyoto Protocol. 7574 Ivar Baste, et.al. (2012)."Global Responses", Global Environment Outlook 5: Environment for the Future We Want, United Nations Environment Programme, page.457.75 See Marco Citelli, et.al, Op. cit., page.8. Oil shock price atau oil crisis occurs between October 1973 until Januari 1974.At that time, the world oil price is rise to four fold.This crisis at all once ended the ten years' era cheap energy.It is exacerbated by the economics difficult faced by the industrial countries, bringing force the developing countries to finance energy import through foreign allowance, and resulting a large surplus for the oil exporting countries, particularly Arabic dan OPEC's countries.For more read 1973-1974  Oil Crisis on http://bancroft.berkeley.edu/ROHO/projects/debt/oilcrisis.html.
tional Energy Agency, which later formed the obligation forming energy security, especially for its member countries.Definition of energy security in general is a condition where the public need for energy can be met in a sustainable manner based on the principles of availability, affordability (accessibility), and acceptability (quality and price). 78 that end, efforts to create energy security need support to access or energy sources as well as the process of conversion and distribution of energy needed to guarantee energy security in the context of the survival of the country in the short-and long term. 79Correspondingly, Adrian Bradbrook suggests that energy security is closely related to the three main issues, i.e reducing dependence on oil imports, price stability and a reliable energy supply. 80 energy expert Daniel Yergin, provide a definition that energy security can be seen by the interests of the two types of countries, namely exporters and importers.
For exporting countries, energy security is to secure energy demand for the products that  The presence of renewable energy development activities is undertaken by the countries further demanded international law to actively engage regulate such activity.International law must be able to provide rules that can bring order among the countries in the energy development activities, especially in energy diversification and renewable energy demands of international legal experts to develop rules to keep abreast of evolving technology today.

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Mathhew Lach and Sandip Deshmukh, Sustainable Energy Law and Policy on Karen E. Makuch & Ricardo Pereira (Ed.).(2012).Environmental and Energy Law.UK: Blackwell Publishing Ltd, p. 120 consumption has led to the global warming and extreme climate change.One of the main causes of global warming and climate change which occurred in almost the last fifty years 2009, the forum of Climate Change Science Compendium 2009 was initiated by the United Nations Environment Programme (UNEP) submitted that the impact of climate change has been more rapid than the data submitted by scientists before, even forum also concluded there has been a change to the ecosystem on earth and recommended 5 Abdelkader Allali et al (eds).(2007).Climate Change 2007: Synthesis Report.UK: Cambridge University Press, page.30 6 Mathhew Lach and Sandip Deshmukh, Op.Cit., page.121 7 C.P.
of the concept of sovereignty permanently to the natural resources, and the development of the law of the sea have made the birth of the law of natural resources as a new branch of international law. 16After 1945, the future of international law in the field of natural resources further the subject of discussion in various forums and influencing the policy makers and lawmakers, mainly deals with the issue of environmental damage threat caused by the exploration and exploitation of natural resources. 17 , "Energy for All: Financing for the Poor," October 2011.The document downloadable on: http://www.iea.org/papers/2011/weo2011_energy_for_all.pdfIbid. to the issue of environmental damage caused by the exploration and exploitation of natural resources, particularly damage to the crossborder nature.These issues are growing in the realm of international environmental law.Development of international law in the field of the environment is evident in the Phillippe Sands' statement: "…the international community's recognition that environmental problems transcend national boundaries has resulted in the development of an important new field of public international law. 18At the beginning of its development the international environmental law only specifically related to certain things, such as the conservation of flora and fauna, especially those that are under the protection of the International Union for the Conservation of Nature (IUCN).Today, the International environmental law has evolved regulate various fields, including river and marine pollution, transport and waste disposal management of cross-border, as well as the emission of waste gases from the transportation and industrial sectors into the atmosphere.All these examples are all related to the energy sector. 19Today, it appears that international law, international environmental law and energy law, to work together in making various kinds of regulations related to the energy sector.International law guarantees that every state has sovereignty over its natural resources so as to have the right to conduct exploration and exploitation of natural re-18 Patricia Park, Op.Cit., page. 3 19 Ibid.page.43 sources, while the treaty in the field of international environmental law governing the types of energy policies adopted by countries in world, both collectively and individually. 20

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The mention of this principle that states must cooperate Principle 23 50 and Principle 24.51The legal experts argue that the position of the Stockholm Declaration in the field of environmental can hardly be said the same impact with the Universal Declaration of Human Rights in the field of human rights, because even though the documents created are not binding, but the Stockholm Declaration has changed the perspective of many countries to the problem environment as well as a guideline for countries in creating policies in the environmental field.Briefly, Principle 1 of the Stockholm Declaration connecting quality of the environment and human rights, while the other principles set different goals.Principle 2, 3 and 5, emphasizing the importance of the protection of natural resources, while the principle 4, 6 and 7, emphasizing the danger of a threat to the environment.Associated with the interests of developing countries, the Principle 8 to 15 govern the relationship between development and environmental protection, as well as the Principle 16 to 20 explain the principles related to the policies of demographic and population to develop further international law, especially about obligation and compensation for pollution victim and environmental damage that caused by activity inside or outside of jurisdictional.50 Declaration, emphasis on the importance of giving attention to the environmental aspects of development has affected all areas of policy.It can be seen from several developments, such as, the first, the international organizations began to show great concern, for example, in 1971 GATT established Group on Environmental Measures and International Trade.Second, at the regional level, for example, is an amendment to the Treaty of Rome in 1957 in Europe into the European Single Act 1986.Third, UNEP gave birth to "Principles of Conduct in the Field of the Environment for the Guidance of States in the Conservation and Harmonius utilization of Natural Resources Shared by Two or More States".Fourth, the efforts of UNESCO, FAO and WWF in 1980 held the World Conservation Strategy that tries to associate the importance of development and the environment and adopt the principle of "sustainable development".Nonetheless, in this period, the most significant developments in the 52 John O'Brien, Op.Cit., page.663 53 Ibid environmental field are when the 1987 World Commission on Environment and Development (WCED) issued its report. 54This report is considered a significant contribution in the field of environment because emphasizes the importance of looking at environmental issues as a complex issue involving many stakeholders to finish.Emphasizes the importance of public education on the impact of environmental damage, emphasizes the importance of legislation in the field of environment both at national and international levels.Emphasizing the need of accommodate the principle of "sustainable development" in the country's efforts to develop legislation in the environmental field.This report will then be one of the causes made General Assembly's Resolution to convene the United Nations Conference on Environment and Development which was then held in Rio, Brazil in June 1992. 55b) The International law approach through sustainable development (1992 -2001) United Nations Conference on Environment and Development (UNCED) held in Rio de Janeiro, on 3-14 June 1992.In conclusion, UNCED adopted three non-binding legal instruments are: (i) Rio Declaration on Environment and Development (Rio Declaration); (ii) Principles for a Global Consensus on the Management, Conservation and Sustainable Development of All Types of Forest (UNCED Forest Principles); 54 Ibid 55 Ibid and (iii) Agenda 21.At the same time also signed two treaties, namely: (i) Convention on Biological Diversity, (ii) United Nations Framework Convention on Climate Change.The Rio Declaration is considered more fully regulate environmental aspects compared to the Stockholm Declaration.Rio Declaration also promotes the importance of cooperation and the application of the principles of sustainable development in construction.In addition, UNCED also create a document known as Agenda 21, which contains an action plan to promote environmental concerns and development. 56c) The International law approach to the use of energy for sustainable development (2002-2010) In 2002, for the first time a discussion of energy issues associated also with the issue of energy security, climate change and sustainable development.This year, starting discourse of countries to encourage renewable energy issues as a political agenda in each country.As a result, 90 of the 118 countries committed to implementing regulations and continue the development of policies at the domestic level in terms of renewable energy.Further, the international treaty of this commitment is the Johannesburg Plan of Implementation (Johannesburg Plan).Johannesburg Plan has provided some guidance to countries associated with renewable energy, as follow: 57 56 Ibid 57 See, Johannesburg Plan, UN Doc A/CONF.199/20.
but the Johannesburg Plan was to create awareness to the world about the importance of linking economic growth with environmental degradation.Even further, the Johannesburg Plan considered to have brought energy issues from the domestic level to the international level.d) Approach to sustainable energy for all (2011-2030) Although the UN's General Assembly can only make recommendations, but by the number of membership and its role in the development of international law, the General Assembly can make a significant contribution, particularly in determining the new norms of the new issues that evolve in internation-58 Ibid.Johannesburg Plan, UN Doc A/CONF.199/20,Chapter I Section 2 annex, Article: 9(a), 9(c), 20(c),20(d), 20(e), 20(g), 20(j), 20(k), 20(n), 20(t), 59(b), 62(j) (ii).allaw.One of the contributions that are considered important in the development of renewable energy is the declaration of 2012 as the International Sustainable Energy for All (SE4ALL).
began in 1988, when the UN's General Assembly calling for climate change is an issue that should 59 UNGA Res.No. 65/151 "International Year of Sustainable Energy for All" 60 Crawford.(2012).Brownlie's Principles of Public International Law.UK: Oxford University Press, 8 th ed, p. 37-42.be concern together, so that in 1992 made the United Nations Framework Convention on Climate Change ("UNFCCC").The moment of this UNFCCC mark international recognition that the production and use of fossil-based energy has an impact on climate change, and then seek a solution of the climate change crisis caused by the production and use of fossil-based energy.Renewable energy has not been addressed in the UNFCCC.UNFCCC, then run framework for actions that aim to stabilize the concentration of greenhouse gases (GHGs) in the atmosphere to avoid dangerous global warming is more to life on earth.The convention itself became effective on March 21, 1994, the UNFCCC Convention has now been signed by 195 countries.In December 1997, the 3 rd the Conference of the Parties (COP) approved Protocol of UNFCCC which binds industrialized countries and countries in transition to a market economy to achieve emission reduction targets.The 3 rd Conference of the Parties (COP) was held in Kyoto, Japan.Countries that agree to this, known as Annex I parties under the UNFCCC.Countries that adopt Annex I agreed to reduce their emissions of six greenhouse gases overall average of 5% below level 1990 during the period 2008-2012 (the first commitment period), with specific targets varying from country to other countries.To achieve this target, the Annex B of the Kyoto Protocol requires countries to make policy at the domestic level.The only references to renewable energy in the Kyoto Protocol contained in article 2, paragraph (1) letter a, which advises the State party to conduct research, development, promotion and increased use of renewable energy. 61Although the Kyoto Protocol is still little mention of the obligations binding, but in practice this provision has been instrumental in reducing worlds' carbon dioxide (CO 2 ) almost equivalent of 45 million tons and to make countries began to devolving upon to the renewable energy use.Kyoto Protocol has also encouraged the mechanisms more flexible, such as in the development of energy-friendly, and encourages public private partnership in the development of renewable energy sources.International law regime on climate change has grown rapidly, especially after the birth of the UNFCCC and the Kyoto Protocol.Some further developments seen in the discussion of issues of OCP, among others: 62 1.The trial was held in Montreal, Canada, in late 2005, the first session of the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol (CMP) decided to establish a working group ad-hoc on Further Commitments for Annex I Parties under the Kyoto Protocol (AWG-KP), regulate the implementation of the Kyoto Protocol (KP) post-2012.2. The trial of 12 th COP was held in Nairobi, Kenya in 2006, and discussed several things including: Further discussion of the climate change regime post 2012, the initiation of the Clean Development Mechanism (CDM) and Joint Implementation (JI), the formulation of the principles and modalities of the Adaptation Fund, 61 See Kyoto Protokol 1997.62 The history of UNFCCC negotiation, the National Board of Climate Change, 2012.and the Special Climate Change Fund (SCCF) Indonesia, resulted in treaty on the Bali Roadmap.3. 13 th COP adopted the Bali Action Plan (BAP) and established the Ad Hoc Working Group on Long-term Cooperative Action under the Convention (AWGL-CA) with a mandate to focus on mitigation, adaptation, technology, finance, and a shared vision for long-term cooperative action.4. The session 14 of the UN's climate change conference in Poznan, Poland was held in December 2008.At the meeting in Poznan was held simultaneously of the trial of 29 th SBI and SBSTA, the sixth meeting of the AWG-KP and the third meeting of AWG-LCA. 5. UN's Climate Change Conference in Copenhagen, Denmark, took place in December 2009.This negotiation resulted in a political treaty: "Copenhagen Accord," which was then submitted to the plenary meeting of the COP for adoption.The parties to the UNFCCCs' participants also agreed to extend the mandate of the AWG-LCA and AWG-KP until COP 16 and CMP 6. 6. UN's Climate Change Conference in Cancun, Mexico took place in November 2010.Decision 1/CP.16 recognizes the need for cuts in the global emissions to limit global temperature rise above 2°C.In Cancun, Nationally Appropriate Mitigation Actions (NAMAs) and Non-Annex I Marginal Abatement Cost curve (NAMAC) is also presented.The above decision is also takes into account other aspects of mitigation, such as: Monitor-ing, Reporting and Verification (MRV), and reducing emissions from deforestation and degradation in developing countries, including through conservation (REDD +). 7. UN's Climate Change Conference in Durban, South Africa, taking place from November 28 to 11 December 2011.The results of Durban include a variety of topics, especially the establishment of a second commitment period under the Kyoto Protocol, a decision longterm cooperative action under the Convention and the agreement on the operationalization of the fund green/ Green Climate Fund (GCF).Various kinds of conferences that have been implemented by the countries in order to encourage the use of renewable energy in part have shown results, such as the commitment of countries in terms of determining the period of international cooperation and define targets to be achieved by each country.The commitment is often stated in the declaration forms, policies, or other legal instruments that are not binding.On the other hand, the state has a tendency to selfbind to the legal instrument which is more binding, which can provide the settings to them directly about the renewable energy.The process of norms formation are more binding in practice occurs at regional level, which is actively facilitated by several countries.In the context of Eurasian countries, 63 cooperation in the energy sector, particularly through trade and investment sectors have been set up by establishing a legal framework agreed.Beginning with the political declaration adopted in the European Energy Charter, the legal framework for the development of energy and then confirmed in the Energy Charter Treaty and in its protocol namely Protocol on Energy Efficiency. 64 Article 19 ECT became one of the environmental setting that asks countries to reduce environmental degradation, promote sustainable development by means inter alia, improving energy efficiency, developing and utilization of renewable energy, encouraging the use of fuels that are environmentally friendly, as well as using technology to reduce pollution.Protocol further complements with a number of obligations, including obligations related to the development of laws, policies and regulations (Article 3), energy efficiency strategy (Article 5), and a number of programs (Article 8). 65ECT was made after the cold war as a non-binding instrument.The ultimate goal is to provide a legal basis and framework for enhancing the efficiency and integrated energy policy in Europe.Although, ECT accommodate extensive rights and obligations, but ECT itself is a sectoral energy policy.63 Includes the countries members of European Communities (EC) and Commonwealth of Independent States (CIS) countries.CIS is countries have joined in the Uni Soviet, i.e Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgistan, Moldova, Rusia, Tajikistan, and Uzbekistan.64 European Energy Charter, 98/181/EC, 17 April 1991, the Hague (Netherlands); Energy Charter Treaty, 17 December 1994, Lisbon (Portugal); Protocol on Energy Efficiency, 17 December 1994, Lisbon (Portugal).65 Protocol on Energy Efficiency.Document downloadable on: www.encharter.org/fileadmin/user_upload/... texts/1994_PEEREA.pdfIn addition to ECT, other instruments that also drew attention to the link between energy and the obligations that impact on the environment is the Protocol on Energy Efficiency and Related Environmental Aspects (PEEREA).ECT does not create a separate protocol for each type of energy used in Europe, however, the issue of renewable energy discussion united in PEEREA.Arrangements regarding energy sources contained in the ECT, among others in the "Economic Activity in the Energy Sector" regulates the construction and operation of energy facilities based on renewable energy.As a consequence, renewable energy to enter into the scope of energy set out in ECT.Other provisions regarding renewable energy contained in the ECT explicitly contained in Article 19 (1) (d) asking the parties to "have particular regard...to developing and using renewable energy sources' and to promote cleaner fuels."In general, ECT also regulates the promotion of awareness of the environment damaged by the use of energy, human welfare and concern for the environment, research, development and application of technologies that minimize the destructive impact in the energy cycle.On development, ECT tries to combine traditional energy consumption arrangement and introduce arrangements regarding the renewable energy consumption.In further developments, the Secretariat of ECT create a task force to create a model of how to balance the rights and obligations under the treaties in full, regulating energy projects that are crossing borders, including treaties among government institutions and among the Presidents.Also, this model is regulate the activity of investors and has the objective to facilitate the relationship of power generation efficiency of crossborder transmission of energy to organize and provide regulatory aspects.And further, this model enters into the Renewable Energy Directive. 66Renewable Energy Directive encourages the use of renewable energy in the countries members and the European Union has set a number of targets that by 2020, the use of energy derived from renewable energy has reached 20% of the total energy mix in the EU.This directive also targets that the energy consumption of the countries members of the European Union, particularly energy in the field of transport should reach 10% of the energy consumption in the transport sector coming from renewable energy.To achieve this target, the Renewable Energy Directive has made a number of targets which must be met by each countries members, the way is to require the use of renewable energy in the national energy mix of each countries members.Obligations at the national level are also encouraged to develop is to make regulations to provide legal certainty to investors and promoting technology development in the field of renewable energy development.Each EU's countries members are then required to create a national plan that describes about their plans to achieve its goals respectively.This national plan must describe how the countries concerned to make use of renewable energy policy in the areas of transport, electricity, heating energy 66 See EU Renewable Energy Directive, document 2009/28/EC.
scheme to support the national plan of the renewable energy development in their respective countries.Renewable Energy Directive sets a series of target that must be achieved between all countries members up to 2020, a number of intermediate targets are: a) 25% of the targets to be achieved in 2020 should be achieved in 2011 and 2012; b) 35% of the targets to be achieved in 2020 should be achieved in 2013 and 2014; c) 45% of the targets to be achieved in 2020 should be achieved in 2015 and 2016; and d) 65% of the targets to be achieved in 2020 should be achieved in 2017 and 2018.
ergy are not easy to achieve.If to achieve international cooperation in the field of the environment require a long time, the cooperation in the field of energy requires a longer time, especially cooperation in the field of renewable energy at sea.Nonetheless, efforts to develop international cooperation in the energy sector have evolved over the last decade, especially after the World Summit on Sustainable Development (WSSD) in 2002. 70The development of cooperation 68 Ibid.69 Ibid.70 Stuart Bruce, Op.Cit., page.10. arrangements in the energy sector is further demanded international law to accommodate the interests of those countries involved and make rules to facilitate the development of this activity.
China provides investment loan of US$40-50 billion for infrastructure development in Nigeria in the hope of gaining access to the oil fields in Nigeria, Japan, Korea and the countries of consumers in general are also working in the field of energy by relying on economic strength, finance and technology. 73In the context of energy cooperation, international law has grown and developed into domestic law, either directly or indirectly.For example, states have voluntarily bound to over 500 multilateral environmental 72 Stuart Bruce., Op.Cit., page.6 73 For more detail read Rahmat Pramono.(2011)."Ketahanan Pangan dan Energi: Peluang Diplomasi Indonesia Dalam Kerangka ASEAN", Jurnal Diplomasi Kementerian Luar Negeri Republik Indonesia, 3(3).treaties, even treaties giving the obligations on countries to undertake collective action in solving problems of cross-border environmental impact.74These treaties subtly have uncovered sovereign borders and bind the country with a number of obligations.The state also has received and bound to a number of treaties in the fields of economy and trade as well as affect the structure of domestic law.The effect of these treaties was also felt in the field of regulation of fossil-based energy regulatory use of nuclear energy.A number of developments had demonstrated a paradigm shift of natural resources management, albeit in a slow and gradual but it definitely changes can be felt.
Provisions of the UNFCCC related to renewable energy contained in Article 4 paragraph 1 (b) and (f), which explicitly ask the participating countries to control exhaust emissions of GHG anthropogenic, and mitigation in the context of climate change, including encouraging initiatives to develop the policy into sector economic, social and environmental.Furthermore, the provisions of the Kyoto Protocol related to renewable energy, contained in the provisions of Article 6 (Joint Implementation) and Article 12 (Clean Development Mechanism).Both of these provisions require that states do more effort by using the "flexibility mechanisms" in the development of its energy. 76Some of fulfillment of obligations in international regulations concerning the use of renewable energy is indirectly reduce the sovereignty of the country, especially in terms of energy resources, it is certainly feared could be a barrier in the application of the provisions concerning the utilization of renewable energy sources at the international level.Energy Security Energy security is important issues and global event, especially since the oil shock in 1973. 77Subsequently, the oil shock also prompted the establishment of the Interna 76 Ibid 77 they have to ensure the necessary financial income countries.Examples of exporting countries are Saudi Arabia as the largest petroleum exporting country in the world.Yergin also divide the importing countries into developed and developing countries.

For
developed importing countries, such as USA, EU and Japan, ensuring energy security through diversification of energy do as well as trade and investment in energy-producing 78Rahmat Pramono, Op.Cit.page 73.79   Ibid.74.80 Donald N.Zillman, et.al., (eds), Beyond the Carbon Economy: Energy Law in Transition, Oxford: Oxford University Press, 2008, in Stuart Bruce, Op.Cit.page.9.region of the world, such as Middle East and North Africa.For developing importing countries, such as Indonesia, energy security is maintained by finding the right solution in addressing the energy changes that will impact on their economies.Developing countries are very concerned with volatility in global energy prices because these issues affect their social and domestic. 81Energy security is an important issue in the utilization of renewable energy, especially in terms of maintaining the affordability and availability.As we know, investment in renewable energy development, especially in the sea is full of technology investment, so it requires a large capital investment.Large capital investments would be so related to the price that must be paid by the citizens to get the energy.These factors may affect the affordability and availability the use of renewable energy.Learning from Europe in developing a policy for securing energy security in its region, to develop the provision on the arrangement of renewable energy, especially marine energy, required international cooperation and investment in a large scale.Not only that, the structure of energy policy worldwide today is already well established and form the world's energy trading system will be an obstacle that is difficult to penetrate.The policy of renewable energy use will get obstacles mainly from fossil-based energy exporting countries, including from companies that have invested heavily in the field of fossil-based energy.These conditions certainly are a challenge for international law, especially 81 Rahmat Pramono, Loc.Cit.page.73 since up to this day still felt inadequate international legal arrangements governing the use of renewable energy.International law should be able to provide answers and certainty of the rules relating to energy security, renewable resources.Those rules should be able to provide a guarantee of access or energy sources as well as the process of conversion and distribution of energy needed to guarantee energy security in the context of the survival of the country in the short-and long term.CONCLUSION Energy is one of the most important aspects in the human life.Along with the increasing human needs for energy with attention to the preservation of nature, it is necessary to develop alternative energy sources that are environmentally friendly; one way is to develop renewable energy.The development of renewable energy is unavoidable as a consequence of the depletion of the world's energy reserves and the further degradation of the environment due to the exploitation and exploration of energy (fossil-based energy).

in the Field of Renew- able Energy
13 UN General Assembly Resolution 65/151 "International Year of Sustainable Energy for All" Available online at: http://www.un.org/ga/search/view_doc.asp?symbol=A/ RES/65/151 14 'Sustainable Energy for All: A Vision Statement by Ban Ki-moon, Secretary-General of the United Nations' (United Nations, November 2011) page.
or not, the role of soft law in the development of international law in the field of energy is very helpful, especially in playing the role of integrating the norm, expand- 20Ibid.21See:JosephF.C.Di Mento.(2003).The Global Environment and International Law.USA: The University of Texas Press, page.17.[A]gree to build upon the results and agreements reached at the Earth Summit … the Millennium Declaration and the Millennium Development Goals … and the World Summit for Sustainable Development … reaffirm their commitment to substantially increase with a sense of urgency the global share of renewable energy in the total energy supply.The Bonn conference gave birth to a mutual agreement to increase the amount of renewable energy in the total energy mix, and reaffirms the commitment of the parties to achieve the Millennium DevelopmentGoals (MDGs).Beijing International Renewable Energy Conference (BIREC) held onNov 7-8, 2005.theparticipatingcountriesexpressedtheircommitment to implement the UN Commission on Sustainable Development (CSD). the ministers is agreed to declare energy year with emphasis on the importance of renewable energy, increased use of renewable energy at national and international levels.34Inordertopromoteandfacilitatein-ternationalcooperation in the field of renewable energy, then in 2009, established the International Renewable Energy Agency (IRENA). 35d in the statute, IRE-NA has been given the exclusive mandate to promote and encourage the widespread use of renewable energy.As the center of the development of renewable energy technologies, the IRENA's task is wide, such as analysis and monitoring of renewable energy 32 Washington International Renewable Energy Conference (WIREC) held on March 3-6, 2008.In contrast to the conference previously, WIREC is not result any declaration.33DelhiInternationalRenewableEnergyConference(DI-REC)heldonOctober27-29,2010.34AbuDhabiInternationalRenewableEnergyConference(ADIREC) held on January 15-17, 2013.35IRENAestablished in Germany on 26 January 2009 and begin effective on 8 July 2009.The establishment of IRENA is initiated by Herman Scheer, ex-president Eurosolar and the World Council for Renewable Energy.Scheer propose a draft Supplemental Protocol to the Nuclear Non Proliferation Treaty (NPT) 1 June 1970, called 'Renewable Energy Proliferation Treaty' (REPT), give mandate to the IRENA to promote and encourage the transfer of renewable energy and campaign efficiency in this energy sector, based on the subsidiary principle.policy,cooperationwithgovernmentagenciesandnon-governmentalorganizations,providingadviceandguidance to member countries related to many issues (e.g financof the organization.In the statute, IRENA also gives place to the principles of the United Nations and pay tribute to the United Nations with regard to energy.From IRENA's mandate, no single agency under the United Nations that specializes in handling issues of alternative energy.UNEP has a general duty to assist developing countries in almost all environmental activities and provide advice and policies that are not only limited to climate change, but including also the development of environmental management and technology transfer for sustainable development.Other agencies under the United Nations are the United Nations Development Programme (UNDP) focuses on the development and cooperation with poor countries, 36 See Article IV, paragraph 1 letter a -h and paragraph 2, Statuta IRENA can be downloaded on http://www.irena.org/documents/uploadDocuments/Statute/IRE-NA_FC_Statute_signed_in_Bonn_26_01_2009_incl_declaration_on_further_authentic_versions.pdf.energyuse in the industrial and the agroeconomy sectors.37TheUNagency that may have similarities with IRENA's mandate is the IEA.37MarcoCitelli,MarcoBarassi,KseniaBelykh,Op.Cit.,  page.2738Thedocument can be downloaded on http://www.irena.Arrangement DevelopmentThroughout related to international law, it can be said that until now the legal instrument that comprehensively governs still limited energy resources, both renewable or not.39EnergyCharterSecretariat, "The Energy Charter Treaty and Related Documents."Accessedonwebsite:http:// www.encharter.org/fileadmin/user_upload/document/EN.pdfAccessed on 26 March 2014), page.19 40 Final Act Energy Charter Treaty.41Article19paragraph (1) letter (d) 42 David Leary and Miguel Esteban.(2009)."ClimateChange and Renewable Energy from the Ocean and Tides: Calming the Sea of Regulatory Uncertainty" Marine and Coastal Law, 24: 617-631.law,namely the development of sources of international law in the field of energy nonbinding nature (soft law) and international policy, and the development of relevant sources of international law which is binding (hard law).45TheDevelopment of the Source of International Law are Soft Law and International Although debate continues about soft law and hard law in the international law, 43 KHL Article 56 paragraph (1) letter (a).44 KHL Article 60 paragraph (1) letter (b).45 Adopted from Stuart Bruce's writing, Op. cit.page 11.consciously