With a national emissions profile revealing a persistent role for fossil fuels in the energy and electricity fuel mixes, Australia's ability to realise its net zero emission ambitions is inherently linked to how the country manages and supports the decarbonisation of its energy sector to ensure the realisation of net zero goals by 2030, 2050, and beyond. Rapid growth in distributed energy resources is now challenging Australia’s electricity system and the regulatory framework, both of which were established on assumptions of centralized electricity supply from large generators to passive consumers. This article recognises that while regulatory frameworks – policies, laws, other instruments – can be critical enablers of desirable transitions, the current regulatory regime governing Australia’s energy markets has been a significant impediment to the energy sector decarbonisation and emission mitigation. Aspects of the regulatory framework that can encourage or hinder the development of future high DER markets and the decarbonisation transition across the national energy market are also explored.
{"title":"Decarbonising Australian Electricity Markets: Regulatory Roadblocks and Transformative Opportunities for Achieving Net Zero","authors":"Rowena Cantley-Smith, Anne Kallies, Diane Kraal","doi":"10.3366/gels.2023.0092","DOIUrl":"https://doi.org/10.3366/gels.2023.0092","url":null,"abstract":"With a national emissions profile revealing a persistent role for fossil fuels in the energy and electricity fuel mixes, Australia's ability to realise its net zero emission ambitions is inherently linked to how the country manages and supports the decarbonisation of its energy sector to ensure the realisation of net zero goals by 2030, 2050, and beyond. Rapid growth in distributed energy resources is now challenging Australia’s electricity system and the regulatory framework, both of which were established on assumptions of centralized electricity supply from large generators to passive consumers. This article recognises that while regulatory frameworks – policies, laws, other instruments – can be critical enablers of desirable transitions, the current regulatory regime governing Australia’s energy markets has been a significant impediment to the energy sector decarbonisation and emission mitigation. Aspects of the regulatory framework that can encourage or hinder the development of future high DER markets and the decarbonisation transition across the national energy market are also explored.","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"34 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":"135055431","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}
On 24 February 2022, Russia launched a military invasion on Ukraine that created a humanitarian catastrophe by destroying lives, homes and infrastructure. The illegal invasion has had significant consequences: electricity prices have soared and wholesale gas prices have more than doubled, sparking a global energy crisis. Another consequence has been global food prices rising to the highest levels ever recorded. On the other hand, consumers have to be at the core of the EU’s energy policy. For this to happen, a wide range of initiatives have to be implemented to make consumers an active part of the clean energy transition and help them save money and energy. To this end, this work will first review the liberalization process, and then discuss how green liberalization can be advanced in light of the Green Deal. Following this, we will explore how consumers will engage in future energy markets and then we will move on to how the war affects consumers and Europe’s ability to reach carbon neutrality in the second half of the 21st century.
{"title":"The Climate Emergency: Putting Consumers at the Heart of the European Green Deal Following Russia's War on Ukraine","authors":"Nuria Encinar Arroyo","doi":"10.3366/gels.2023.0093","DOIUrl":"https://doi.org/10.3366/gels.2023.0093","url":null,"abstract":"On 24 February 2022, Russia launched a military invasion on Ukraine that created a humanitarian catastrophe by destroying lives, homes and infrastructure. The illegal invasion has had significant consequences: electricity prices have soared and wholesale gas prices have more than doubled, sparking a global energy crisis. Another consequence has been global food prices rising to the highest levels ever recorded. On the other hand, consumers have to be at the core of the EU’s energy policy. For this to happen, a wide range of initiatives have to be implemented to make consumers an active part of the clean energy transition and help them save money and energy. To this end, this work will first review the liberalization process, and then discuss how green liberalization can be advanced in light of the Green Deal. Following this, we will explore how consumers will engage in future energy markets and then we will move on to how the war affects consumers and Europe’s ability to reach carbon neutrality in the second half of the 21st century.","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"93 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":"135055434","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}
Maciej M Sokołowski, Cristiana Lauri, Andrew E Okem, Beatriz Olivera, Yuichiro Tsuji, Piotr Mikusek
Climate policy-driven transformation processes in the energy sector are accelerating changes to both national and international legal frameworks. However, no successful just energy transition is achievable without significant regulatory reforms. In this context, the article examines the possibility for modifying and introducing regulatory tools to guarantee that the just energy transition is conducted in order to accomplish climate goals and lower anthropogenic greenhouse gas emissions into the atmosphere. The analysis is based on the application of the theory of energy justice and its five principal pillars: recognition, procedural, distributive, restorative, and cosmopolitan justice. For each of these five domains, the paper proposed regulatory tools that can strengthen the energy policies, both pursued and planned, in terms of institutional and decision-making dimensions. The analysis’ key conclusion is that there is a need for a fundamental change in how energy policies are planned and conducted, and that its regulatory tools must be modified to meet the requirements of energy justice. As a result, proposed in this paper are universal measures to institutionalise energy justice in different legal regimes that should be viewed as advancements in the effort to make energy transition processes more just.
{"title":"Institutional Dimensions of the Just Energy Transition: Reflecting the Role of Energy Justice in Public Administration","authors":"Maciej M Sokołowski, Cristiana Lauri, Andrew E Okem, Beatriz Olivera, Yuichiro Tsuji, Piotr Mikusek","doi":"10.3366/gels.2023.0099","DOIUrl":"https://doi.org/10.3366/gels.2023.0099","url":null,"abstract":"Climate policy-driven transformation processes in the energy sector are accelerating changes to both national and international legal frameworks. However, no successful just energy transition is achievable without significant regulatory reforms. In this context, the article examines the possibility for modifying and introducing regulatory tools to guarantee that the just energy transition is conducted in order to accomplish climate goals and lower anthropogenic greenhouse gas emissions into the atmosphere. The analysis is based on the application of the theory of energy justice and its five principal pillars: recognition, procedural, distributive, restorative, and cosmopolitan justice. For each of these five domains, the paper proposed regulatory tools that can strengthen the energy policies, both pursued and planned, in terms of institutional and decision-making dimensions. The analysis’ key conclusion is that there is a need for a fundamental change in how energy policies are planned and conducted, and that its regulatory tools must be modified to meet the requirements of energy justice. As a result, proposed in this paper are universal measures to institutionalise energy justice in different legal regimes that should be viewed as advancements in the effort to make energy transition processes more just.","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"27 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":"135055425","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}
The article examines the hydrogen strategies of Spain and Germany, juxtaposing each with one another under the umbrella of the EU Strategy. Both Spain and Germany have positioned themselves at the forefront of creating hydrogen economies. Hence, looking at their hydrogen strategies provides an opportunity to ascertain how these nations set out the plans guiding their hydrogen ambitions. The article examines the similarities and differences between the strategies to ascertain a hydrogen strategy's core requirements and provides recommendations for further revisions. Through this analysis, it can be established that a hydrogen strategy requires: (i) capitalising on local and geographic strengths and cooperation with other nations; (ii) a focus on a type of hydrogen and definitions which are uniform with those of other nations; (iii) clear timelines and targets; as well as (iv) fiscal and other measures to achieve targets. These key pillars must be set out within the broader context of a nation’s climate change targets. Hydrogen is experiencing a renewed interest, and it appears as if its time has finally arrived; these strategies show the enthusiasm of governments to ensure that hydrogen is a pivotal player in the energy landscape.
{"title":"The Key Tenets of a Hydrogen Strategy: An Analysis and Comparison of the Hydrogen Strategies of the EU, Germany and Spain","authors":"Jaqueline Pinto","doi":"10.3366/gels.2023.0094","DOIUrl":"https://doi.org/10.3366/gels.2023.0094","url":null,"abstract":"The article examines the hydrogen strategies of Spain and Germany, juxtaposing each with one another under the umbrella of the EU Strategy. Both Spain and Germany have positioned themselves at the forefront of creating hydrogen economies. Hence, looking at their hydrogen strategies provides an opportunity to ascertain how these nations set out the plans guiding their hydrogen ambitions. The article examines the similarities and differences between the strategies to ascertain a hydrogen strategy's core requirements and provides recommendations for further revisions. Through this analysis, it can be established that a hydrogen strategy requires: (i) capitalising on local and geographic strengths and cooperation with other nations; (ii) a focus on a type of hydrogen and definitions which are uniform with those of other nations; (iii) clear timelines and targets; as well as (iv) fiscal and other measures to achieve targets. These key pillars must be set out within the broader context of a nation’s climate change targets. Hydrogen is experiencing a renewed interest, and it appears as if its time has finally arrived; these strategies show the enthusiasm of governments to ensure that hydrogen is a pivotal player in the energy landscape.","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"46 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":"135055428","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}
The article analyzes the evolution of the EU's energy and climate policy to explain that since Russia invaded Ukraine, a reformulation has occurred, characterized by the reconciliation of climate objectives with energy security and the flexibility of the environmental dimension. This rearrangement of the objectives of environmental policies has begun to take shape with the REPowerUE Plan, an energy package with which the EU intends to respond to the two dimensions of Europe's energy crisis: the need to deepen the transition towards climate neutrality and the duty to abandon dependence on Russian hydrocarbons. The review is based on two specific measures: Commission Delegated Regulation (EU) 2022/1214 and Council Regulation EU 2022/2577, key regulations for the massive deployment of renewable energies.
{"title":"The EU’s New Energy and Climate Policy: Energy Security and the Moderation of Environmental Standards","authors":"Alberto Olivares","doi":"10.3366/gels.2023.0091","DOIUrl":"https://doi.org/10.3366/gels.2023.0091","url":null,"abstract":"The article analyzes the evolution of the EU's energy and climate policy to explain that since Russia invaded Ukraine, a reformulation has occurred, characterized by the reconciliation of climate objectives with energy security and the flexibility of the environmental dimension. This rearrangement of the objectives of environmental policies has begun to take shape with the REPowerUE Plan, an energy package with which the EU intends to respond to the two dimensions of Europe's energy crisis: the need to deepen the transition towards climate neutrality and the duty to abandon dependence on Russian hydrocarbons. The review is based on two specific measures: Commission Delegated Regulation (EU) 2022/1214 and Council Regulation EU 2022/2577, key regulations for the massive deployment of renewable energies.","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"12 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":"135055429","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":"Front matter","authors":"","doi":"10.3366/gels.2023.0089","DOIUrl":"https://doi.org/10.3366/gels.2023.0089","url":null,"abstract":"","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"67 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":"135055789","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":"Danny Cullenward and David G. Victor, Making Climate Policy Work","authors":"Jochelle Laguipo","doi":"10.3366/gels.2022.0085","DOIUrl":"https://doi.org/10.3366/gels.2022.0085","url":null,"abstract":"","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130025237","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}
Shouvik Bhattacharya, Alex Koshy, Kaira Mariah Pinheiro
The ongoing global energy crisis and wave of climate-related disasters have prompted renewed attention to States’ powers of enacting regulations for environmental protection and sustainable development. The language used in international investment agreements and treaties informs and determines the extent to which States can introduce progressive environmental policies, while simultaneously ensuring the protection of investors’ rights and interests. The following article critically analyzes such treaty language by discussing the various approaches to and developments in incorporating environmental concerns, and studies how tribunals have interpreted such clauses. In so doing, the article traces a gradual but distinct shift in the approach of investment arbitration tribunals to environmental protection over the past few decades. The article also explores the recent global trend of States unilaterally terminating investment treaties, with a particular focus on India. India's response to its contentious relationship with investor-State disputes may prove instructive for States looking to attract investment while also balancing the protection of the environment.
{"title":"Tracking the Environment in Investment Arbitration: The World and India","authors":"Shouvik Bhattacharya, Alex Koshy, Kaira Mariah Pinheiro","doi":"10.3366/gels.2022.0079","DOIUrl":"https://doi.org/10.3366/gels.2022.0079","url":null,"abstract":"The ongoing global energy crisis and wave of climate-related disasters have prompted renewed attention to States’ powers of enacting regulations for environmental protection and sustainable development. The language used in international investment agreements and treaties informs and determines the extent to which States can introduce progressive environmental policies, while simultaneously ensuring the protection of investors’ rights and interests. The following article critically analyzes such treaty language by discussing the various approaches to and developments in incorporating environmental concerns, and studies how tribunals have interpreted such clauses. In so doing, the article traces a gradual but distinct shift in the approach of investment arbitration tribunals to environmental protection over the past few decades. The article also explores the recent global trend of States unilaterally terminating investment treaties, with a particular focus on India. India's response to its contentious relationship with investor-State disputes may prove instructive for States looking to attract investment while also balancing the protection of the environment.","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128959292","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":"The Energy Charter Treaty’s Uncertain Future in a World Going Green","authors":"Sarah Vasani, Lindsay Reimschussel","doi":"10.3366/gels.2022.0076","DOIUrl":"https://doi.org/10.3366/gels.2022.0076","url":null,"abstract":"","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122719162","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":"Ana Elizabeth Bastida, The Law and Governance of Mining and Minerals: A Global Perspective","authors":"H. Mostert","doi":"10.3366/gels.2022.0084","DOIUrl":"https://doi.org/10.3366/gels.2022.0084","url":null,"abstract":"","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116551414","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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