The Appropriate Legal Qualification for the Right to Clean Electricity within the Context of Climate Change

Nkendor Bisong Maurilio
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Abstract

Contemporarily, the right of access to electricity has become very topical with many scholars having diverse views as to the nature and scope of the right. Due to the effects of climate change, the source of electricity generation is currently of prime importance. Clean electricity has topped the pyramid in terms of importance as opposed to fossil fuels. This is further explained looking at the central role clean electricity plays in our collective efforts of attaining the sustainable development goals, especially Goal 7 which makes access to clean and affordable energy one of our collective priorities. However, scholars have often disagreed on the appropriate legal regime to qualify the right of access to clean electricity. Starting with the right to clean electricity as a contractual right, it is argued that a contractual right is a right that is dependent on a specific relationship between human beings. The most important examples are rights you have as part of a community, especially as a citizen. However, this right lack universality since it is owed only to members of a specific community depending on their level of development. Therefore, foreigners who are not members of that society will not be able to benefit from the right. From a human rights perspective, access to clean electricity is viewed as one of the basic rights that are given to every human being for the sole reason of belonging to the homo sapiens family. However, there are some difficulties in contextualizing this right as a human right. The first problem stems on the fact that, if the right to clean electricity is made a human right, states will be forced to do everything possible to make electricity available to their citizens and where they are unable to use clean sources, they may rely on environmentally unfriendly sources like fossil fuels. In conclusion, it was realized that, access to clean electricity perfectly fits as a derived right. This means it is a right dependent on other rights for its survival. For example, it is dependent on the right to a Healthy Environment and the right to Development. Therefore, in my opinion, the right of access to clean electricity is best qualified as a derived right.
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气候变化背景下清洁电力权利的适当法律资格
当今,用电权已经成为一个非常热门的话题,许多学者对该权利的性质和范围有不同的看法。由于气候变化的影响,发电的来源是目前最重要的。与化石燃料相比,清洁电力在重要性方面位居金字塔之首。通过清洁电力在我们实现可持续发展目标的集体努力中发挥的核心作用,特别是将获得清洁和负担得起的能源作为我们集体优先事项之一的目标7,进一步解释了这一点。然而,学者们经常在适当的法律制度上存在分歧,以限定获得清洁电力的权利。本文从清洁电力权利作为一种契约权利入手,论证了契约权利是一种依赖于特定人际关系的权利。最重要的例子是你作为一个社区的一部分,尤其是作为一个公民所拥有的权利。然而,这项权利缺乏普遍性,因为它只属于某一特定社区的成员,视其发展水平而定。因此,非该社会成员的外国人将无法从该权利中受益。从人权的角度来看,获得清洁电力被视为每个人的基本权利之一,唯一的原因是属于智人家庭。然而,将这项权利作为一项人权加以考虑存在一些困难。第一个问题源于这样一个事实:如果清洁电力的权利成为一项人权,各国将被迫尽一切可能为其公民提供电力,而在他们无法使用清洁能源的地方,他们可能会依赖化石燃料等对环境不友好的资源。总之,人们认识到,获得清洁电力完全适合作为一项派生权利。这意味着它是一种依赖于其他权利才能生存的权利。例如,它取决于健康环境权和发展权。因此,在我看来,获得清洁电力的权利最适合作为一种派生权利。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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