Intractable sovereignty disputes and outside interventions driven by geo-political calculations challenge the rules-based global order and undermine sustainable development and governance, including of energy resources. States facing chronic conflict and instability, and falling short of fundamental norms of international law as enshrined in the United Nations Charter, are labelled as ‘failed States’ without recognising the deterioration of the global order. This article submits that the one-dimensional notion of a ‘failed State’ is problematic and unhelpful. It advocates a more nuanced, sustainability-based approach of State failure in addressing problems associated with governance of energy resources. It does so with reference to two examples from State practice: Russia’s position in the Arctic region in light of the receding ice cap and estimated hydrocarbon reserves in the Arctic Ocean, and the recent US-brokered maritime boundary agreement between Lebanon and Israel enabling Lebanon to gain access to disputed offshore resources without Russian involvement.
{"title":"Sustainable Energy Governance and the Notion of State Failure","authors":"Pieter H F Bekker, James W Watt CVO","doi":"10.3366/gels.2023.0100","DOIUrl":"https://doi.org/10.3366/gels.2023.0100","url":null,"abstract":"Intractable sovereignty disputes and outside interventions driven by geo-political calculations challenge the rules-based global order and undermine sustainable development and governance, including of energy resources. States facing chronic conflict and instability, and falling short of fundamental norms of international law as enshrined in the United Nations Charter, are labelled as ‘failed States’ without recognising the deterioration of the global order. This article submits that the one-dimensional notion of a ‘failed State’ is problematic and unhelpful. It advocates a more nuanced, sustainability-based approach of State failure in addressing problems associated with governance of energy resources. It does so with reference to two examples from State practice: Russia’s position in the Arctic region in light of the receding ice cap and estimated hydrocarbon reserves in the Arctic Ocean, and the recent US-brokered maritime boundary agreement between Lebanon and Israel enabling Lebanon to gain access to disputed offshore resources without Russian involvement.","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135055427","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Peter Leon, Ernst Muller, Tihomir Svilanovic, Alessandra Yolland
Global competition to ensure a secure supply of critical raw materials (‘CRMs’) is driven by two principal factors: the burgeoning global demand for CRMs deemed critical to the green and digital transition, as well as the defence sector; and supply chain characteristics accentuated during the COVID-19 pandemic and exacerbated by Russia's invasion of Ukraine. The EU has entered the CRM arms race with the EU Commission's proposed CRM Act, which sets non-binding targets aimed at bolstering domestic production of strategic raw materials by 2030. As the EU is significantly reliant on third country imports of these materials, these targets are particularly ambitious, not least in light of the EU's limited industrial policy remit. Changes to permitting processes, the creation of Strategic Projects based on sustainability criteria and stronger international cooperation are key factors likely to shape the extent to which the CRM Act will enable the EU to compete for these naturally finite but critical materials.
{"title":"EU Critical Raw Minerals Act Highlights Intensifying Competition in Race to Net Zero","authors":"Peter Leon, Ernst Muller, Tihomir Svilanovic, Alessandra Yolland","doi":"10.3366/gels.2023.0097","DOIUrl":"https://doi.org/10.3366/gels.2023.0097","url":null,"abstract":"Global competition to ensure a secure supply of critical raw materials (‘CRMs’) is driven by two principal factors: the burgeoning global demand for CRMs deemed critical to the green and digital transition, as well as the defence sector; and supply chain characteristics accentuated during the COVID-19 pandemic and exacerbated by Russia's invasion of Ukraine. The EU has entered the CRM arms race with the EU Commission's proposed CRM Act, which sets non-binding targets aimed at bolstering domestic production of strategic raw materials by 2030. As the EU is significantly reliant on third country imports of these materials, these targets are particularly ambitious, not least in light of the EU's limited industrial policy remit. Changes to permitting processes, the creation of Strategic Projects based on sustainability criteria and stronger international cooperation are key factors likely to shape the extent to which the CRM Act will enable the EU to compete for these naturally finite but critical materials.","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135055430","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Evaristus Oshionebo, <i>Mineral Mining in Africa: Legal and Fiscal Regimes</i>","authors":"John P Bowman","doi":"10.3366/gels.2023.0102","DOIUrl":"https://doi.org/10.3366/gels.2023.0102","url":null,"abstract":"","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135055785","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This study analyses the complexity of the global value chain for critical minerals needed to power the current global energy transition. The Global South possesses copious amounts of minerals such as copper, graphite, lithium, cobalt, and nickel, making it a focal point in the energy transition. Responsible and prudent utilisation of the Global South's mineral resources will support its economic growth and development. To realise this potential, however, it is necessary to recognise the unique requirements of these broad regions, which go beyond economic importance and security of supply, typically the primary determinants of minerals criticality in the Global North. Developing a sustainable value chain for critical minerals in the Global South requires robust policy and legal and regulatory frameworks incorporating environmental protection, social responsibility, and harnessing the economic benefits of a growing mining industry. This article sets out some of the policy foundations that may contribute to the design of these frameworks.
{"title":"Critical Minerals and the Global Energy Transition: Recognising Global South Perspectives","authors":"Susan Nakanwagi","doi":"10.3366/gels.2023.0096","DOIUrl":"https://doi.org/10.3366/gels.2023.0096","url":null,"abstract":"This study analyses the complexity of the global value chain for critical minerals needed to power the current global energy transition. The Global South possesses copious amounts of minerals such as copper, graphite, lithium, cobalt, and nickel, making it a focal point in the energy transition. Responsible and prudent utilisation of the Global South's mineral resources will support its economic growth and development. To realise this potential, however, it is necessary to recognise the unique requirements of these broad regions, which go beyond economic importance and security of supply, typically the primary determinants of minerals criticality in the Global North. Developing a sustainable value chain for critical minerals in the Global South requires robust policy and legal and regulatory frameworks incorporating environmental protection, social responsibility, and harnessing the economic benefits of a growing mining industry. This article sets out some of the policy foundations that may contribute to the design of these frameworks.","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135055435","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Making an Energy Transition Happen – Implementing Net Zero Commitments","authors":"Peter D Cameron","doi":"10.3366/gels.2023.0090","DOIUrl":"https://doi.org/10.3366/gels.2023.0090","url":null,"abstract":"","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"225 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135055437","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Olivia Woolley, <i>Renewable Energy Law</i>","authors":"Jurgita Malinauskaite","doi":"10.3366/gels.2023.0103","DOIUrl":"https://doi.org/10.3366/gels.2023.0103","url":null,"abstract":"","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135055426","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Lone Pine Resources Inc. v. The Government of Canada 1 is the first investment arbitration case in the oil and gas sector in which the host state has taken measures to enforce its domestic sustainable development laws and regulations. In this case, the Canadian government prohibited fracking in the St. Lawrence River basin in Quebec, despite having previously issued a permit, by placing the precautionary principle, which is a principle of sustainable development, as the criterion. The tribunal did not find the host government's action to be a violation of the investor's rights, although it was unable to answer the question of whether the implementation of the precautionary principle constitutes a public purpose according to the NAFTA expropriation standard. However, it is notable that in the submissions of the parties and amicus curiae, reference has been made to the precautionary principle on the basis of applicable domestic and international law. Another feature of this case is that the arbitral tribunal decided to grant the request for participation of amicus curiae by an environmental NGO, and in distinct sections of the final award, it mentioned the views of the environmental group. The implementation of sustainable development is crucial in the field of petroleum arbitrations, given the extent of environmental degradation caused by these projects. Even though this case pertains to North America, it may mark the beginning of a global transformation that affects the petroleum producing countries throughout the world. Additionally, it may open a door for arbitration tribunals to establish compatibility between the standards of investor protection and sustainable development principles such as precaution and public participation.
Lone Pine Resources Inc.诉加拿大政府一案是油气领域首个东道国采取措施执行其国内可持续发展法律法规的投资仲裁案件。在这个案例中，加拿大政府禁止在魁北克省的圣劳伦斯河流域进行水力压裂，尽管之前已经颁发了许可证，但以预防性原则作为标准，这是一种可持续发展的原则。仲裁庭没有认定东道国政府的行为侵犯了投资者的权利，尽管它无法回答根据北美自由贸易协定征用标准，预防性原则的实施是否构成公共目的的问题。然而，值得注意的是，在当事各方和法庭之友的意见书中，都在适用的国内法和国际法的基础上提到了预防原则。本案的另一个特点是，仲裁庭决定批准一个环保非政府组织的法庭之友参与请求，并在最终裁决书的不同章节中提到了环保组织的意见。鉴于这些项目造成的环境退化的程度，在石油仲裁领域实施可持续发展是至关重要的。尽管这一事件只发生在北美，但它可能标志着一场影响全球石油生产国的全球变革的开始。此外，它可能为仲裁法庭打开一扇门，使投资者保护标准与预防和公众参与等可持续发展原则之间建立兼容性。
{"title":"<i>Lone Pine Resources v Canada Award</i>: Steps towards a Recognition of Sustainable Development Principles in Energy Investment Arbitrations","authors":"Marjan Fazeli","doi":"10.3366/gels.2023.0101","DOIUrl":"https://doi.org/10.3366/gels.2023.0101","url":null,"abstract":"Lone Pine Resources Inc. v. The Government of Canada 1 is the first investment arbitration case in the oil and gas sector in which the host state has taken measures to enforce its domestic sustainable development laws and regulations. In this case, the Canadian government prohibited fracking in the St. Lawrence River basin in Quebec, despite having previously issued a permit, by placing the precautionary principle, which is a principle of sustainable development, as the criterion. The tribunal did not find the host government's action to be a violation of the investor's rights, although it was unable to answer the question of whether the implementation of the precautionary principle constitutes a public purpose according to the NAFTA expropriation standard. However, it is notable that in the submissions of the parties and amicus curiae, reference has been made to the precautionary principle on the basis of applicable domestic and international law. Another feature of this case is that the arbitral tribunal decided to grant the request for participation of amicus curiae by an environmental NGO, and in distinct sections of the final award, it mentioned the views of the environmental group. The implementation of sustainable development is crucial in the field of petroleum arbitrations, given the extent of environmental degradation caused by these projects. Even though this case pertains to North America, it may mark the beginning of a global transformation that affects the petroleum producing countries throughout the world. Additionally, it may open a door for arbitration tribunals to establish compatibility between the standards of investor protection and sustainable development principles such as precaution and public participation.","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135055433","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"World Bank and Energy Charter Secretariat, <i>Enabling Foreign Direct Investment in the Renewable Energy Sector</i>","authors":"Ernesto Bonafé","doi":"10.3366/gels.2023.0104","DOIUrl":"https://doi.org/10.3366/gels.2023.0104","url":null,"abstract":"","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135055436","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
To achieve the target of 10 million tonnes of renewable hydrogen production in the European Union (EU) by 2030, the REPowerEU Plan commits the EU to double the number of hydrogen ‘valleys’, which will contribute to accelerating the production of renewable hydrogen to replace natural gas, coal and oil in hard-to-decarbonise economic sectors. This article reviews ongoing efforts to lay down a regulatory framework to move from natural gas to renewable hydrogen and, not least, to define renewable hydrogen. As a strategic net-zero industry, renewable hydrogen is to grow and flourish in hydrogen valleys, meaning a place where energy production and multiple-uses will meet and expand. This requires substantial EU financial support, at least until renewable hydrogen becomes a mature technology that can compete in the market with today's cheaper (and polluting) fossil-based hydrogen. While there are open questions about the pace and viability of hydrogen-related technologies and infrastructure, for instance concerning long-distance transportation, hydrogen valleys appear as a no-regret option encompassing renewable energy production, repurposed gas infrastructure, electricity grid and batteries. If successfully implemented, the option would enhance renewable hydrogen production and the decarbonisation of the industry and transport.
{"title":"Hydrogen Valleys: Assessing the EU Legal and Financial Frameworks that Enable the Hydrogen Economy","authors":"Ernesto Bonafé, Marco Conte, Katharina Bouchaar","doi":"10.3366/gels.2023.0095","DOIUrl":"https://doi.org/10.3366/gels.2023.0095","url":null,"abstract":"To achieve the target of 10 million tonnes of renewable hydrogen production in the European Union (EU) by 2030, the REPowerEU Plan commits the EU to double the number of hydrogen ‘valleys’, which will contribute to accelerating the production of renewable hydrogen to replace natural gas, coal and oil in hard-to-decarbonise economic sectors. This article reviews ongoing efforts to lay down a regulatory framework to move from natural gas to renewable hydrogen and, not least, to define renewable hydrogen. As a strategic net-zero industry, renewable hydrogen is to grow and flourish in hydrogen valleys, meaning a place where energy production and multiple-uses will meet and expand. This requires substantial EU financial support, at least until renewable hydrogen becomes a mature technology that can compete in the market with today's cheaper (and polluting) fossil-based hydrogen. While there are open questions about the pace and viability of hydrogen-related technologies and infrastructure, for instance concerning long-distance transportation, hydrogen valleys appear as a no-regret option encompassing renewable energy production, repurposed gas infrastructure, electricity grid and batteries. If successfully implemented, the option would enhance renewable hydrogen production and the decarbonisation of the industry and transport.","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"113 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135055422","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Latin America has become a prominent producer of lithium, a crucial metal for electric vehicle batteries and clean energy technologies. The region possesses a significant share of the world’s lithium reserves, attracting attention from global stakeholders. However, governments in Latin America are asserting greater control over the mineral’s industry. Chile plans to establish a state-owned enterprise for lithium production, potentially requiring private companies to form joint ventures with the government. Argentina, Bolivia, Brazil, and Chile are engaged in discussions regarding the creation of a lithium OPEC-like organization aimed at controlling global prices. Bolivia already exercises near-complete control over its lithium industry. These developments reflect a trend of increased government control over strategic mineral resources with implications for the global supply chain of lithium and clean energy transitions.
{"title":"National Resource Control in Latin America: Shifting Dynamics of Lithium and Mineral Reserves amidst Rising Commodity Prices","authors":"Henry G Burnett","doi":"10.3366/gels.2023.0098","DOIUrl":"https://doi.org/10.3366/gels.2023.0098","url":null,"abstract":"Latin America has become a prominent producer of lithium, a crucial metal for electric vehicle batteries and clean energy technologies. The region possesses a significant share of the world’s lithium reserves, attracting attention from global stakeholders. However, governments in Latin America are asserting greater control over the mineral’s industry. Chile plans to establish a state-owned enterprise for lithium production, potentially requiring private companies to form joint ventures with the government. Argentina, Bolivia, Brazil, and Chile are engaged in discussions regarding the creation of a lithium OPEC-like organization aimed at controlling global prices. Bolivia already exercises near-complete control over its lithium industry. These developments reflect a trend of increased government control over strategic mineral resources with implications for the global supply chain of lithium and clean energy transitions.","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135055432","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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