التنظيم القانوني لعقود الطاقة المتجددة "دراسة مقارنة"
ريمان يوسف محمد خضيرات
Riman Yusuf Mohammed Khdirat
This study dealt with the subject of legal regulations of renewable energy contracts in Palestine، and the perception of neighboring countries on those contracts. Where the energy sector is considered of a special، sophisticated and flexible character. This study dealt with contracts of an administrate nature made with the country under common law، which is flexible and evolving، and that is exactly what the energy sector in Palestine needs. Renewable energy contracts in Palestine are indispensable، therefore، this sector needs to be developed and public benefits must be provided، as well as encourage energy ventures and establishing independence in the renewable energy sector in the light of the fact that the state of Palestine has all its vital institutions and properties، especially those producing and supplying renewable energy under the control of the Israeli occupation. Unlike other countries، this is considered a special thing for the State of Palestine، but this excuse، although exists realistically and effectively، can be overcome if the state approves its total reliance on its natural resources and institutions in the presence of its brightest minds from different groups of society، since involving Palestine's most valuable institutions and companies would be a preparation that this country is on its way to independence in the renewable energy sector and the rest of the sectors as well. Then what would be the reason that the state wont rely on itself and what it owns in order to make this sector a success between Palestinian National Authority and the Palestinian Energy Authority in full terms with the private sector، while the state holds the authority and sovereignty enjoying all public privileges، since the administrative law is flexible and evolving، and its customers have special privileges granted to them by law. The state would be as an ordinary individual but with certain privileges that are defined and mentioned in the contract that is made between two parties، in addition to the fact that the energy sector is administered by the state itself which is the highest authority for establishing an integrated society. But why? What are the justifications for not involving individuals in this particular sector? Perhaps this could be the beginning of a real independence of the energy sector in Palestine. ى The result of this study is that these contracts can be civil contracts that are subjected to a special law in addition to the possibility that administrative contracts maybe subjected to the common law، which this study has highlighted. Also mentioned in this study is the study of comparing those contracts made between the State of Palestine and the neighboring countries in this field، and the countriesbthat decided to resort to such contracts to achieve independence in the renewable energy sector and its effects on the possibility of investment for the state، especially with what the Palestinian Cabinet called for in encouraging of investment in Palestine، and because of the flexibility of this subject، the jurisprudence remains and continues to this day since everyone decided the importance of dealing periodically with the energy sector with its renewable and non-renewable sources، and their need for continuous development and follow-up by competent authorities as well as from individuals themselves since they are the primary benefactors in case of a concluded contract with the state as the holder of public authority. In the State of Palestine there is a desire to implement many projects related to the renewable energy sector and to work on using its sources and ensure access to them by Palestinian individuals andallow them to get the best quality services، in addition to the possibility of moving to work on investing renewable energy as well as legal contracts that can be concluded with no objection since the council of ministers in Palestine specializes in preparing studies، regulations، laws and special legislation and how to use and deal with them، in addition to developing its sources and inviting investors to engage in renewable energy production and work to move forward in taking this sector and its contracts as an important need، because of its profit and non-profit returns to all individuals، entities and the state in general.