Fuel Trade and Oil Stockpiling Law for Promoting Energy Transition: Possible Lessons from Australian Law

Abstract

This research is based on the rapidly changing global energy situation. There is a growing need to recognize energy transition from fossil fuel consumption to other forms of energy as a result of climate change adaptation. Thailand, as one of state parties to climate change conventions, is necessary to review its own laws concerning fuel trade and oil stockpiling which shall be examined whether those laws can support the energy transition while maintaining Thailand’s energy security by preventing fuel shortages. This research applies doctrinal legal research, which concentrates on written legal sources together with a comparative study on Australian law. It is found that the existing laws concerning fuel trade and oil stockpiling are consistent with the energy law concepts and also appropriate to set forth the energy transition gradually; moreover, some strengths of Australian law promoting oil stockpiling can be probably exemplified for maintaining energy security and preventing fuel shortages in Thailand. The research’s recommendations, divided into short-term and long-term phrases, shall encourage the existing laws to be revised to amend the amount of oil stockpiling that a private sector is obliged to stockpile at an appropriate rate, particularly for some types of fuel no longer utilized and can be supplied by domestic raw materials without relying on any imports from abroad. For a long-term phrase, Thailand shall be later encouraged to revoke the legal reserves for some types of fuel and implement the existing laws to prevent the fuel shortages.