The argument has been made that there is a specialist body of law that has emerged from the practices of the international petroleum industry, a separate body of lex mercatoria, referred to as ‘ lex petrolea’. The article examines the literature on this and the supporting arguments, ultimately rejecting them, since, among other reasons, the absence of a specialist dispute resolution platform that could ensure a continuous and coherent elaboration, application and interpretation of petroleum principles and customs is sufficiently serious to undermine academic and practical development of the concept.
{"title":"The Concept of lex petrolea from a Dispute Resolution Perspective: When Further Development is not Possible","authors":"A. Zharikov","doi":"10.3366/gels.2022.0068","DOIUrl":"https://doi.org/10.3366/gels.2022.0068","url":null,"abstract":"The argument has been made that there is a specialist body of law that has emerged from the practices of the international petroleum industry, a separate body of lex mercatoria, referred to as ‘ lex petrolea’. The article examines the literature on this and the supporting arguments, ultimately rejecting them, since, among other reasons, the absence of a specialist dispute resolution platform that could ensure a continuous and coherent elaboration, application and interpretation of petroleum principles and customs is sufficiently serious to undermine academic and practical development of the concept.","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"5 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":"128183181","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}
Arbitration is currently central to the fabric of settling international energy disputes, whether in its commercial or its investment modes. When arbitration is applied to energy disputes, it needs to consider the presence of certain distinct features that can influence the arbitration process. This article identifies and examines eight such features, such as its complexity, scale, duration of projects, their cross-border character, market volatility, strategic concerns, asymmetry, and the pervasive roles of the state. It notes the various efforts at reform of energy arbitration, but argues that such features are likely to strongly influence any regime that evolves from the present one.
{"title":"International Arbitration and Energy Disputes","authors":"P. Cameron","doi":"10.3366/gels.2022.0065","DOIUrl":"https://doi.org/10.3366/gels.2022.0065","url":null,"abstract":"Arbitration is currently central to the fabric of settling international energy disputes, whether in its commercial or its investment modes. When arbitration is applied to energy disputes, it needs to consider the presence of certain distinct features that can influence the arbitration process. This article identifies and examines eight such features, such as its complexity, scale, duration of projects, their cross-border character, market volatility, strategic concerns, asymmetry, and the pervasive roles of the state. It notes the various efforts at reform of energy arbitration, but argues that such features are likely to strongly influence any regime that evolves from the present one.","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"120 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":"115880374","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 article addresses the potential widespread conflict between the development of energy access projects and human rights risks and violations in Africa. While this conflict is well known in the continent of Africa due largely to the need to increase energy access, solutions to tackle it are scarce. This article proposes using the United Nations (UN) Human Rights-Based Approach (HRBA) strategically to create a new framework to conceptualize and solve such conflict. For this purpose, it analyses the effectiveness of the HRBA framework, whilst highlighting some of the challenges facing its implementation in African countries. The article concludes that until human rights risks and violations – considered to be ‘energy injustice’ concerns – are mainstreamed through the HRBA framework and its principles into the plan and development of energy access projects, the conflict will continue to rise and may become another dilemma similar to the environmental protection and energy development discourse in Africa.
{"title":"An Energy Justice Approach to Resolving the Conflict between the Development of Energy Access Projects and Human Rights Risks and Violations in Africa: Can a Balance be Struck?","authors":"T. Kaime, G. Agbaitoro","doi":"10.3366/gels.2022.0067","DOIUrl":"https://doi.org/10.3366/gels.2022.0067","url":null,"abstract":"This article addresses the potential widespread conflict between the development of energy access projects and human rights risks and violations in Africa. While this conflict is well known in the continent of Africa due largely to the need to increase energy access, solutions to tackle it are scarce. This article proposes using the United Nations (UN) Human Rights-Based Approach (HRBA) strategically to create a new framework to conceptualize and solve such conflict. For this purpose, it analyses the effectiveness of the HRBA framework, whilst highlighting some of the challenges facing its implementation in African countries. The article concludes that until human rights risks and violations – considered to be ‘energy injustice’ concerns – are mainstreamed through the HRBA framework and its principles into the plan and development of energy access projects, the conflict will continue to rise and may become another dilemma similar to the environmental protection and energy development discourse in Africa.","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"266 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131716140","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":"Leonardo Meeus, The Evolution of Electricity Markets in Europe","authors":"Asieh Haieri-Yazdi","doi":"10.3366/gels.2022.0071","DOIUrl":"https://doi.org/10.3366/gels.2022.0071","url":null,"abstract":"","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"10 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":"117336605","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}
As a response to Russia's invasion of Ukraine, the heads of state or government of the EU member states met in the Palace of Versailles to consider a historic decision to end EU dependency on Russian gas, oil and coal imports. The United States, the United Kingdom, Canada and Australia had announced energy embargos on Russia, and many expected the EU to follow suit, but this was not possible due to the complex decision-making in the EU. Instead, what was agreed was the REPowerEU Plan, setting out the European Commission's strategy of diversifying gas supplies, switching to renewables and hydrogen, improving energy efficiency, and mitigating the impact of rising energy prices. The Plan attempts to fit into the broader context of the Paris Agreement, the EU Green Deal, the EU's ‘Fit for 55’ framework and the EU law for climate neutrality. The gravity of the current situation is illustrated by the arrangements being put in place to prepare for a complete cut-off of Russian gas exports and by restarting the burning of coal, an energy source that Europe had recently consigned to history. This paper reviews the REPowerEU Plan and recent key proposals in the electricity and gas sectors from a policy and legal perspective. It is structured in three parts corresponding to the familiar notion of the energy trilemma: affordability, security and sustainability. REPowerEU is about rapidly reducing dependency on Russian fossil fuels by fast forwarding the clean transition to deliver affordable, secure and sustainable energy. Its goals might initially suggest that a new energy theorem is being launched, but this paper will argue that, in the EU context at least, the classic energy trilemma persists, and indeed is more acute in its effects than ever before.
{"title":"Revisiting the Energy Trilemma in the European Union","authors":"E. Bonafé","doi":"10.3366/gels.2022.0066","DOIUrl":"https://doi.org/10.3366/gels.2022.0066","url":null,"abstract":"As a response to Russia's invasion of Ukraine, the heads of state or government of the EU member states met in the Palace of Versailles to consider a historic decision to end EU dependency on Russian gas, oil and coal imports. The United States, the United Kingdom, Canada and Australia had announced energy embargos on Russia, and many expected the EU to follow suit, but this was not possible due to the complex decision-making in the EU. Instead, what was agreed was the REPowerEU Plan, setting out the European Commission's strategy of diversifying gas supplies, switching to renewables and hydrogen, improving energy efficiency, and mitigating the impact of rising energy prices. The Plan attempts to fit into the broader context of the Paris Agreement, the EU Green Deal, the EU's ‘Fit for 55’ framework and the EU law for climate neutrality. The gravity of the current situation is illustrated by the arrangements being put in place to prepare for a complete cut-off of Russian gas exports and by restarting the burning of coal, an energy source that Europe had recently consigned to history. This paper reviews the REPowerEU Plan and recent key proposals in the electricity and gas sectors from a policy and legal perspective. It is structured in three parts corresponding to the familiar notion of the energy trilemma: affordability, security and sustainability. REPowerEU is about rapidly reducing dependency on Russian fossil fuels by fast forwarding the clean transition to deliver affordable, secure and sustainable energy. Its goals might initially suggest that a new energy theorem is being launched, but this paper will argue that, in the EU context at least, the classic energy trilemma persists, and indeed is more acute in its effects than ever before.","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"33 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":"125092105","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":"Is the Energy Transition at Risk?","authors":"P. Cameron","doi":"10.3366/gels.2022.0064","DOIUrl":"https://doi.org/10.3366/gels.2022.0064","url":null,"abstract":"","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"54 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":"131565430","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":"Peter D Cameron, International Energy Investment Law: The Pursuit of Stability","authors":"Victoria R. Nalule","doi":"10.3366/gels.2022.0073","DOIUrl":"https://doi.org/10.3366/gels.2022.0073","url":null,"abstract":"","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":"129344722","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":"Ceri Warnock, Environmental Courts and Tribunals: Power, Integrity and the Search for Legitimacy","authors":"Anup Dahal","doi":"10.3366/gels.2022.0070","DOIUrl":"https://doi.org/10.3366/gels.2022.0070","url":null,"abstract":"","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"2 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":"113932086","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 natural gas and power sectors are pivotal sectors of the Nigerian economy with reflective effect on its gross domestic product. The Federal Government in its gas revolution agenda is taking giant strides to reposition the sector to more adequately harness its abundant natural gas resources and ensure availability of natural gas to the domestic market with the gas supply to the power sector being regulated to build base load volumes to ensure stable electricity supply to its citizens. The synergic connection of the gas and power sectors can only validly exist upon legitimate contractual arrangements such as the gas sale and purchase agreement, the gas transport agreement and the gas sale aggregation agreement which is unique to Nigerian domestic gas industry. Out of these arrangements flow pertinent legal issues which define clearly the relations between the parties. This paper therefore throws more light on some of these salient issues which arise pursuant to the respective agreements. It is hoped that this discourse would guide and further facilitate a deeper understanding of these critical terms.
{"title":"Critical Legal issues in the Nigerian Gas to Power Contractual Arrangements","authors":"O. Aladeitan, Obiageli Phina Anaghara-Uzor","doi":"10.3366/gels.2021.0054","DOIUrl":"https://doi.org/10.3366/gels.2021.0054","url":null,"abstract":"The natural gas and power sectors are pivotal sectors of the Nigerian economy with reflective effect on its gross domestic product. The Federal Government in its gas revolution agenda is taking giant strides to reposition the sector to more adequately harness its abundant natural gas resources and ensure availability of natural gas to the domestic market with the gas supply to the power sector being regulated to build base load volumes to ensure stable electricity supply to its citizens. The synergic connection of the gas and power sectors can only validly exist upon legitimate contractual arrangements such as the gas sale and purchase agreement, the gas transport agreement and the gas sale aggregation agreement which is unique to Nigerian domestic gas industry. Out of these arrangements flow pertinent legal issues which define clearly the relations between the parties. This paper therefore throws more light on some of these salient issues which arise pursuant to the respective agreements. It is hoped that this discourse would guide and further facilitate a deeper understanding of these critical terms.","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114690311","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 importance of assessing energy industries through a justice framework has widely become recognised in recent years. Creating and using the energy justice framework by different scholars is a manifestation of this recognition. Much of the scholars' attention is, however, currently being applied to the energy justice framework on the renewable energy industry and attempting to design a ‘perfect’ and ‘just’ energy system. This author believes, as set out in this article, that a theory of justice must address and reduce injustices in any circumstances, rather than aiming only at the characterisation of so-called ‘perfect justice’. Over-emphasising on a zero-carbon future and overlooking the present reality means that we accept many other injustices that are associated with fossil fuels until the time when we can dispose of fossil fuels, which are ‘future-uncertainty’. In this article, the author, by analysing current data and information regarding the production of oil and gas and its consumption and reserves, as well as different scenarios towards the future of energy, argues that the dominant position of fossil fuels is not going to change anytime soon. Based on this reality, and recognising what are considered to be some inherently unjust features of the oil and gas industry, the author proposes three complementary stages for justice in the oil and gas industry; a perfect and just energy system that has zero-carbon and is decentralised is the final stage. The second stage is fair energy transitions, which emphasises a ‘just transition’ towards that desired future. The first stage, however, which is often overlooked, is applying the energy justice framework in the oil and gas industry to identify any injustices that can be reduced or limited.
{"title":"Three Stages of Justice in the Fossil Fuel Industries","authors":"M. Hazrati","doi":"10.3366/gels.2021.0053","DOIUrl":"https://doi.org/10.3366/gels.2021.0053","url":null,"abstract":"The importance of assessing energy industries through a justice framework has widely become recognised in recent years. Creating and using the energy justice framework by different scholars is a manifestation of this recognition. Much of the scholars' attention is, however, currently being applied to the energy justice framework on the renewable energy industry and attempting to design a ‘perfect’ and ‘just’ energy system. This author believes, as set out in this article, that a theory of justice must address and reduce injustices in any circumstances, rather than aiming only at the characterisation of so-called ‘perfect justice’. Over-emphasising on a zero-carbon future and overlooking the present reality means that we accept many other injustices that are associated with fossil fuels until the time when we can dispose of fossil fuels, which are ‘future-uncertainty’. In this article, the author, by analysing current data and information regarding the production of oil and gas and its consumption and reserves, as well as different scenarios towards the future of energy, argues that the dominant position of fossil fuels is not going to change anytime soon. Based on this reality, and recognising what are considered to be some inherently unjust features of the oil and gas industry, the author proposes three complementary stages for justice in the oil and gas industry; a perfect and just energy system that has zero-carbon and is decentralised is the final stage. The second stage is fair energy transitions, which emphasises a ‘just transition’ towards that desired future. The first stage, however, which is often overlooked, is applying the energy justice framework in the oil and gas industry to identify any injustices that can be reduced or limited.","PeriodicalId":229000,"journal":{"name":"Global Energy Law and Sustainability","volume":"114 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117205298","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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