{"title":"Gaspar Ariño Ortiz, The Hydrogen Revolution. A New Carrier of the Power System","authors":"E. Bonafé","doi":"10.3366/gels.2022.0083","DOIUrl":"https://doi.org/10.3366/gels.2022.0083","url":null,"abstract":"","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"23 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":"123833209","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":"A Man between Two Worlds: Gaspar Ariño Ortiz, 1936–2023","authors":"Íñigo del Guayo","doi":"10.3366/gels.2022.0082","DOIUrl":"https://doi.org/10.3366/gels.2022.0082","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":"124468147","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}
Climate change is the greatest challenge humanity will face this century, yet the international arbitration community has been slow to recognize its significance and to react to its effects. The international arbitration community was similarly slow to address the under-representation of women in arbitration, with measurable change in this area only being seen in the last five years. We have yet to realize any significant improvement achieving a more diverse community more generally, beyond the narrow issue of the under-representation of women. This article addresses the behavioural changes which have been achieved in these areas and considers those that remain to be implemented to embed environmental and social considerations into the culture of international arbitration. It argues that every dispute should be viewed through a diversity and an environmental lens and identifies the changes that are needed now. We must secure change to ensure that arbitration meets the needs of its users, as we look to a future which looks very different to even the recent past.
{"title":"Viewing our World through a Different Lens: Environmental and Social Considerations in International Arbitration","authors":"L. Greenwood","doi":"10.3366/gels.2022.0078","DOIUrl":"https://doi.org/10.3366/gels.2022.0078","url":null,"abstract":"Climate change is the greatest challenge humanity will face this century, yet the international arbitration community has been slow to recognize its significance and to react to its effects. The international arbitration community was similarly slow to address the under-representation of women in arbitration, with measurable change in this area only being seen in the last five years. We have yet to realize any significant improvement achieving a more diverse community more generally, beyond the narrow issue of the under-representation of women. This article addresses the behavioural changes which have been achieved in these areas and considers those that remain to be implemented to embed environmental and social considerations into the culture of international arbitration. It argues that every dispute should be viewed through a diversity and an environmental lens and identifies the changes that are needed now. We must secure change to ensure that arbitration meets the needs of its users, as we look to a future which looks very different to even the recent past.","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"59 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":"129821190","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}
There is increasing awareness of gender disparity in relation to the negative effects of climate change. With that increasing awareness comes greater focus on how national and international policy frameworks are not sufficiently gender-responsive and do not sufficiently consider the disparity between genders. Climate change has a greater impact on those sections of the population that are most reliant on natural resources for their livelihoods, and these sections are often from poorer groups. At the same time, those same sections of the global population usually have the least capacity to respond to natural hazards, such as droughts, landslides, floods and hurricanes. The majority of the world's poor are women and consequently, those women commonly face higher risks and greater burdens from the impacts of climate change. Where women are denied equal participation in decision-making processes and labour markets, these inequalities often prevent women from contributing meaningfully to climate-related planning, policy-making and implementation. Governments and international organisations need to develop new frameworks, policies and legislation, particularly in relation to the provision of cleaner energies which involve cooperation with women to ensure that realistic solutions are introduced and implemented.
{"title":"Gender Disparity and Climate Change – Addressing the Disproportionate Effects of Climate Change on Women","authors":"Nathalie Allen","doi":"10.3366/gels.2022.0080","DOIUrl":"https://doi.org/10.3366/gels.2022.0080","url":null,"abstract":"There is increasing awareness of gender disparity in relation to the negative effects of climate change. With that increasing awareness comes greater focus on how national and international policy frameworks are not sufficiently gender-responsive and do not sufficiently consider the disparity between genders. Climate change has a greater impact on those sections of the population that are most reliant on natural resources for their livelihoods, and these sections are often from poorer groups. At the same time, those same sections of the global population usually have the least capacity to respond to natural hazards, such as droughts, landslides, floods and hurricanes. The majority of the world's poor are women and consequently, those women commonly face higher risks and greater burdens from the impacts of climate change. Where women are denied equal participation in decision-making processes and labour markets, these inequalities often prevent women from contributing meaningfully to climate-related planning, policy-making and implementation. Governments and international organisations need to develop new frameworks, policies and legislation, particularly in relation to the provision of cleaner energies which involve cooperation with women to ensure that realistic solutions are introduced and implemented.","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"33 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":"114709855","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}
M. S. Gorsline, Maria I. Pradilla Picas, Viktoriia Korynevych
Recent global trends show that new waves of resource nationalism are often associated with governments’ attempts to live up to modern ESG standards and to protect the rights of indigenous local communities. While states of course have the sovereign right to regulate within their territory in the interest of their population, this power is not absolute. Disproportionate or pretextual resource nationalism measures will likely negatively impact the investment climate and give rise to violations of international law protections granted to foreign investors through a specialized body of legal rules and norms found in international investment treaties. Such treaties generally allow investors to vindicate their rights through international arbitration claims directly against the state. The clash between states’ sovereign powers and international law investment protections remains acute. Foreign investors should beware of national and regional political trends that could potentially affect their foreign investments and should consider their options for international law recourse.
{"title":"Resource Nationalism in Emerging Markets: Protecting the Environment and Local Communities or Imposing Protectionist Measures that Impact Foreign Investment?","authors":"M. S. Gorsline, Maria I. Pradilla Picas, Viktoriia Korynevych","doi":"10.3366/gels.2022.0081","DOIUrl":"https://doi.org/10.3366/gels.2022.0081","url":null,"abstract":"Recent global trends show that new waves of resource nationalism are often associated with governments’ attempts to live up to modern ESG standards and to protect the rights of indigenous local communities. While states of course have the sovereign right to regulate within their territory in the interest of their population, this power is not absolute. Disproportionate or pretextual resource nationalism measures will likely negatively impact the investment climate and give rise to violations of international law protections granted to foreign investors through a specialized body of legal rules and norms found in international investment treaties. Such treaties generally allow investors to vindicate their rights through international arbitration claims directly against the state. The clash between states’ sovereign powers and international law investment protections remains acute. Foreign investors should beware of national and regional political trends that could potentially affect their foreign investments and should consider their options for international law recourse.","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"35 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":"133832636","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":"Bill Gates, How to Avoid a Climate Disaster: The Solutions We Have and the Breakthroughs We Need","authors":"Anca Velicu","doi":"10.3366/gels.2022.0087","DOIUrl":"https://doi.org/10.3366/gels.2022.0087","url":null,"abstract":"","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"53 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":"121217287","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":"Emma Johnson, Lucy McKenzie and Matthew Saunders, International Arbitration of Renewable Energy Disputes","authors":"I. Knoll-Tudor","doi":"10.3366/gels.2022.0086","DOIUrl":"https://doi.org/10.3366/gels.2022.0086","url":null,"abstract":"","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"598 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":"123441562","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}
An often-overlooked feature of international climate change agreements is their dispute resolution provisions. An effective dispute resolution framework is essential for holding States to account and ensuring compliance with treaty obligations. However, many of the dispute resolution mechanisms in international climate change agreements were never brought into existence. These include arbitration, conciliation and non-compliance procedures. This article analyses the dispute resolution mechanisms of the United Nations Framework Convention on Climate Change (1992) (‘UNFCCC’), the Kyoto Protocol (1997), and the Paris Agreement (2015) with a view to establishing which are missing, which have been successful in keeping States in check, and which should inform future amendments or treaties. Notably, a non-compliance procedure was never introduced under the UNFCCC, a successful one came into existence under the Kyoto Protocol, and a watered-down version is being discussed under the Paris Agreement. Further, although the treaties refer to an arbitration annex and a conciliation annex, none of these ever materialized. The article compares and contrasts the various procedures and their different successes, including through the use of case-studies, and makes a number of recommendations for future amendments or treaties.
{"title":"The Missing Dispute Resolution Mechanisms in International Climate Change Agreements","authors":"Clara Reichenbach","doi":"10.3366/gels.2022.0077","DOIUrl":"https://doi.org/10.3366/gels.2022.0077","url":null,"abstract":"An often-overlooked feature of international climate change agreements is their dispute resolution provisions. An effective dispute resolution framework is essential for holding States to account and ensuring compliance with treaty obligations. However, many of the dispute resolution mechanisms in international climate change agreements were never brought into existence. These include arbitration, conciliation and non-compliance procedures. This article analyses the dispute resolution mechanisms of the United Nations Framework Convention on Climate Change (1992) (‘UNFCCC’), the Kyoto Protocol (1997), and the Paris Agreement (2015) with a view to establishing which are missing, which have been successful in keeping States in check, and which should inform future amendments or treaties. Notably, a non-compliance procedure was never introduced under the UNFCCC, a successful one came into existence under the Kyoto Protocol, and a watered-down version is being discussed under the Paris Agreement. Further, although the treaties refer to an arbitration annex and a conciliation annex, none of these ever materialized. The article compares and contrasts the various procedures and their different successes, including through the use of case-studies, and makes a number of recommendations for future amendments or treaties.","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"57 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":"131872125","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":"Éloi Laurent, The New Environmental Economics: Sustainability and Justice","authors":"Mahsa Olyaee","doi":"10.3366/gels.2022.0072","DOIUrl":"https://doi.org/10.3366/gels.2022.0072","url":null,"abstract":"","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117219571","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 focus of this article is the evolution of local content law and policy in the context of European renewable energy understood through a critical review of the offshore wind policies of the United Kingdom (UK) and Poland. It includes an analysis of the significance of a nascent local content claim made, in 2021, by the European Commission against a former European Union (EU) Member State, the UK, and its swift resolution out-of-court in 2022.
{"title":"The Issue of Local Content in Offshore Renewables: Aspirational, Legally-Binding or Missing the Mark? A Comparative Analysis of the UK and Poland","authors":"Daniel Gilbert, Geoffrey Wood","doi":"10.3366/gels.2022.0069","DOIUrl":"https://doi.org/10.3366/gels.2022.0069","url":null,"abstract":"The focus of this article is the evolution of local content law and policy in the context of European renewable energy understood through a critical review of the offshore wind policies of the United Kingdom (UK) and Poland. It includes an analysis of the significance of a nascent local content claim made, in 2021, by the European Commission against a former European Union (EU) Member State, the UK, and its swift resolution out-of-court in 2022.","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129305062","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：