Journal of Energy & Natural Resources Law最新文献

{"title":"Short Circuiting Policy: Interest Groups and the Battle over Clean Energy and Climate Policy in the American States","authors":"Gilbert Michaud","doi":"10.1080/02646811.2023.2289317","DOIUrl":"https://doi.org/10.1080/02646811.2023.2289317","url":null,"abstract":"Published in Journal of Energy & Natural Resources Law (Ahead of Print, 2024)","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2024-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139374126","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Brexit and Energy Law: Implications and Opportunities","authors":"Peter D Cameron","doi":"10.1080/02646811.2023.2284005","DOIUrl":"https://doi.org/10.1080/02646811.2023.2284005","url":null,"abstract":"Published in Journal of Energy & Natural Resources Law (Ahead of Print, 2023)","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2023-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138680878","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Hydrogen production in Australia from renewable energy: no doubt green and clean, but is it mean?","authors":"Tina Soliman Hunter, Kerryn Brent, Alex Wawryk, Jordie Pettit, Nate Camatta","doi":"10.1080/02646811.2023.2271786","DOIUrl":"https://doi.org/10.1080/02646811.2023.2271786","url":null,"abstract":"The energy transition necessitates hydrogen generation to meet current energy needs. Low-carbon hydrogen (green hydrogen from renewable energy, and blue hydrogen from gas with CO2 removal and stora...","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2023-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138536149","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"An Environmental Court in Action: Function, Doctrine and Process","authors":"Linda Yanti Sulistiawati","doi":"10.1080/02646811.2023.2269768","DOIUrl":"https://doi.org/10.1080/02646811.2023.2269768","url":null,"abstract":"Published in Journal of Energy & Natural Resources Law (Ahead of Print, 2023)","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2023-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138536157","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"<i>Held v Montana</i> : the beginning of a climate change lawsuit trend in US state level courts or a one-shot wonder?","authors":"Don C Smith","doi":"10.1080/02646811.2023.2267380","DOIUrl":"https://doi.org/10.1080/02646811.2023.2267380","url":null,"abstract":"","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135948491","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Exploring regulatory strategies for accelerating the development of sustainable hydrogen markets in the European Union","authors":"Max Baumgart, Saskia Lavrijssen","doi":"10.1080/02646811.2023.2257528","DOIUrl":"https://doi.org/10.1080/02646811.2023.2257528","url":null,"abstract":"The development of sustainable hydrogen markets will play a vital role to achieve energy sovereignty and climate neutrality by 2050. The article analyses what tools and methods are available to contribute to the development of such markets. To identify these tools and methods, the article elaborates on goals and principles of good regulation, and argues for the consideration of flexibility in the regulatory framework to be responsive to technological, societal and economic changes. Considering Germany and the draft EU hydrogen and decarbonised gas market package as case studies, the article develops the argument that legislators should consider regulatory experimentation and apply comparative methods to develop well-working regulatory strategies and an appropriate set of rules for the development of the markets.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135244600","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Energy justice – the triumvirate of tenets revisited and revised","authors":"Raphael J. Heffron","doi":"10.1080/02646811.2023.2256593","DOIUrl":"https://doi.org/10.1080/02646811.2023.2256593","url":null,"abstract":"AbstractIt has been over a decade since the article that kickstarted energy justice research was published in 2012. It focused on the ‘triumvirate of tenets’ of justice, which were distributive, procedural and recognition justice. Today in 2023, and with significant developments of the 2015 Paris Agreement and the UN Sustainable Development Goals, there needs to be a revision. Over time, the three tenets have become five as scholars began to advance thinking on energy justice into policymaking. Energy justice now is creating an impact, and policymakers and governments are beginning to recognise its value for meeting energy and climate targets. Energy justice can be a vehicle for investment and also for improving the socio-economic performance of an economy. Adopting the now five principles (tenets) of energy justice reduces the inherent risks in the energy sector and more broadly in society. The now five principles (moving beyond tenets) of energy justice are: distributive, procedural, restorative, recognition and cosmopolitan justice. These have been integrated into significant law and policy documents in the United States and Colombia, in 2022 and 2023. It is just a matter of time before many other countries begin to utilise them to achieve transformative change in their societies.Keywords: energy justicetriumvirate of tenetsenergy justice principlesfuture-proofingsocial contract Disclosure statementNo potential conflict of interest was reported by the author.Notes1 D McCauley and others, ‘Advancing Energy Justice: The Triumvirate of Tenets’ (2013) 32(3) International Energy Law Review 1072 According to GoogleScholar data – which is openly accessible online – as of 18 September 20233 Some key research material on the topic that has been produced over the years is the following which includes an article in Nature Energy – see further below: G Bombaerts, A Spahn and E Laes, ‘Structuring Values and Normative Frameworks using Schwartz’s Value Theory to Map the Three Tenets of Energy Justice’ (2023) 104 Energy Research and Social Science 103244; M Fang and others, ‘Social Media and Energy Justice: A Global Evidence’ (2023) 125 Energy Economics 106886; MP Fortier and others, ‘Introduction to Evaluating Energy Justice across the Life Cycle: A Social Life Cycle Assessment Approach’ (2019) 236 Applied Energy 211; B Sovacool and others, ‘Energy Decisions Reframed as Justice and Ethical Concerns’ (2016) 1 Nature Energy 16024; K Jenkins and others, ‘Energy Justice: A Conceptual Review’ (2016) 11 Energy Research and Social Science 1744 It is worth noting that the author of this article was a leading co-author of the original 2013 article.5 For more, see Intergovernmental Panel on Climate Change (IPCC), AR6 Synthesis Report: Climate Change 2023 (2023) <www.ipcc.ch> accessed 10 August 20236 RJ Heffron, ‘Applying Energy Justice into the Energy Transition’ (2022) 156 Renewable and Sustainable Energy Reviews 1119367 RJ Heffron, ‘Energy Law in Crisis: an energy j","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135243436","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Increased financial regulation in the European Union for energy firms extensively active in energy derivatives markets?","authors":"Randy Priem","doi":"10.1080/02646811.2023.2256596","DOIUrl":"https://doi.org/10.1080/02646811.2023.2256596","url":null,"abstract":"AbstractBecause of the excessive prices and volatility in the energy derivatives markets over the period 2021–2023, margins increased considerably, leading major European energy companies to experience liquidity stress in meeting those. As a consequence, several local governments needed to provide guarantees to avoid their default. This article includes several legislative proposals to ensure that energy firms are prudentially safer and that there exists a level playing field among financial actors active in the same market segment. Specifically, this article proposes to (1) decrease the clearing threshold for commodity derivatives under the European Market Infrastructure Regulation (EMIR), (2) narrow the definition of hedging relevant to the calculation of the clearing threshold, (3) remove the intragroup exemption possibility under EMIR, and (4) make sure that energy firms can be categorised more easily as investment firms.Keywords: commodity derivativesenergy futuresenergy firmscentral counterpartiesfinancial regulation AcknowledgementsThe information contained in this article is the personal view of the author solely and not of the FSMA. This article also does not bind the FSMA in any way. The author is responsible for any errors or omissions. This research did not receive any specific grant from funding agencies in the public, commercial, or not-for-profit sectors. The author likes to thank Giuseppe Bellia, Guillaume Bérard, An De Pauw, Gaston Fornes, Sébastien Martino, Alvaro Mendez, Jean-Paul Servais, Damien Sohet, Antoine Van Cauwenberge, Jean-Michel Van Cottem, Joachim Van Wymeersch and Sofie Verweire for useful input.Disclosure statementNo potential conflict of interest was reported by the author.Notes1 Financial Times, War in Ukraine: What Explains the Calm in Global Stock Markets, 2022 <www.ft.com/content/4c4c4c04-151c-467c-b011-136d56546da9> accessed 26 September 20232 See Randy Priem, A Relaxation of Commodity Derivatives Clearing Legislation as a Consequence of the 2021–2023 Energy Crisis (2003) SSRN Working Paper <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4448470> accessed 10 May 20233 See ESMA, Trends, Risks and Vulnerabilities, 2022 <www.esma.europa.eu/sites/default/files/library/esma50-165-2229_trv_2-22.pdf> accessed 10 May 20234 See Erik R Larsen, Ann van Ackere and Sebastien Osorio, ‘Can Electricity Companies too Big to Fail?’ (2018) 9 Energy Policy 965 For instance, Germany set aside 7 billion euros in loans to be made available to companies facing liquidity issues6 See Bloomberg, Lagarde Says ECB Can’t Offer Liquidity to Energy Firms, 2022. <www.bloomberg.com/news/articles/2022-09-09/lagarde-says-ecb-can-offer-liquidity-to-banks-not-energy-firms> accessed 10 May 20237 See European Commission, State Aid: Commission adopts Temporary Crisis and Transition Framework to Further Support Transition Towards Net-zero Economy, 2023. <https://ec.europa.eu/commission/presscorner/detail/en/ip_23_1563> accessed 10 May 20238 REG","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135243652","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Digitalisation: an enabler for the clean energy transition","authors":"Simon Dekeyrel, Melanie Fessler","doi":"10.1080/02646811.2023.2254103","DOIUrl":"https://doi.org/10.1080/02646811.2023.2254103","url":null,"abstract":"AbstractRussia’s war on Ukraine and the resulting energy crisis have painfully reminded Europe that it must urgently reduce its dependence on fossil fuels. For a sustainable, secure and affordable energy future, the coming years will require a massive scale-up of renewable energy across the EU and a tremendous effort by European businesses and households to cut their energy consumption.The use of data and digital solutions can play a pivotal role in bolstering these efforts. This has been recognised in the European Commission’s EU Action Plan on digitalising the energy system of October 2022, the first comprehensive plan for a twin green and digital transition in the European energy sector.While this plan is undeniably commendable, it is just a start. To fully unlock the potential of digitalisation in the transition towards sustainable energy systems, built around the active participation of consumers, significant shares of renewables, energy savings, and efficient energy use, the EU and its member states need to: Accelerate work on a common European energy data space, characterised by interoperable data standards, effective incentives for data sharing and adequate data protection and privacy safeguards for consumers.Ensure that citizens possess the necessary digital skills and information to reap the full benefits of the twin transition in terms of consumer empowerment and access to affordable and clean energy.Put in place the necessary safeguards regarding cybersecurity of energy networks to ensure that digital transformation does not jeopardise the resilience of EU energy systems.Use financial tools to accelerate the deployment of digital solutions in the energy sector and equip existing networks with the necessary digital infrastructure.KEYWORDS: clean energy transitionEuropean Uniontwin transitiondigitalisation Acknowledgements/disclaimerThis article builds on the findings of the project ‘Digitalisation for a Clean Energy Transition’ undertaken by EPC with the support of the Vodafone Institute for Society and Communications. The project included two workshops on ‘Digitalisation as a Catalyst for the Renewable Revolution’ and ‘Digitalisation as a Tool for More Efficient Energy Use’, which took place between May and July 2022. Thank you to Annika Hedberg, Stefan Šipka and Andrea G. Rodríguez for their comments on this work. Special thanks also to the experts from the International Renewable Energy Agency, Francisco Boshell and Jaidev Dhavle, for sharing their valuable expertise in the research process. The support the European Policy Centre receives for its ongoing operations, or specifically for its publications, does not constitute an endorsement of their contents, which reflect the views of the authors only. Supporters and partners cannot be held responsible for any use that may be made of the information contained therein. This article is a revised version of an EPC Discussion Paper that was published in January 2023.Disclosure statementNo","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135536573","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The compromised international legal regime for deep seabed mining and a possible solution from China’s legislative perspective","authors":"Chuanxuan Li, Hao Shen","doi":"10.1080/02646811.2023.2252703","DOIUrl":"https://doi.org/10.1080/02646811.2023.2252703","url":null,"abstract":"AbstractThe principle of the common heritage of mankind (CHM principle), as enshrined in Part XI of the United Nations Convention on the Law of the Sea, is the fundamental principle of sharing the resources of the international seabed area. The International Seabed Authority (the Authority) is the international institution that implements Part XI of the Convention and has the dual task of managing the exploration and exploitation of resources in the international seabed area and protecting the marine environment. This article dives into a deep analysis of the problems that have arisen in the course of the development of the sharing mechanism for resources in the international seabed area by the Authority, and further engages in the discussion on China’s domestic legislative strategies for the mechanism for sharing of resources in the international seabed area. It is argued in this article that China’s domestic deep-sea legal regime is an important part of global deep-sea governance, and has the potential to apply a ‘corrective’ function to the ‘institutional misalignment’ that occurs in the operation of the international seabed regime with the aim of promoting the sharing of resources in the international seabed area.Keywords: international seabed areacommon heritage of mankindsharing mechanismthe EnterpriseChina’s legislative strategiesreserved areas Disclosure statementNo potential conflict of interest was reported by the authors.Notes1 Art 136 of the Convention.2 The Authority was established on 16 November 1994, under the United Nations Convention on the Law of the Sea, with its headquarters in Kingston, Jamaica, and is primarily responsible for the organisation and control of activities in the international seabed area, in particular the management of international seabed resources.3 China Ocean Mineral Resources Research and Development Association (COMRA), China Minmetals Corporation (CMC) and Beijing Pioneer High Technology Development Corporation signed exploration contracts with the Authority for polymetallic nodules in 2001, 2017 and 2019 respectively; COMRA also signed resource exploration contracts with the Authority for polymetallic sulphides and cobalt-rich ferromanganese crusts in 2011 and 2014. Hao Shen, ‘Developing China’s Legal Regime for International Deep Seabed Mining – The Present and Future’ (2021) 52(1) Ocean Development & International Law 204 Jonna Dingwall, International Law and Corporate Actors in Deep Seabed Mining (OUP 2021) 86–955 Aline Jaeckel, Jeff A. Ardron, and Kristina M. Gjerde, ‘Sharing Benefits of the Common Heritage of Mankind – Is the Deep Seabed Mining Regime Ready?’ (2016) 70 Marine Policy 1986 Art 137, para 2, 153, para 1, 156–185 of the Convention7 Art 137, para 1, of the Convention8 Art 140, para 1, 144, 148 of the Convention9 Art 145 of the Convention is generally considered to be the general enabling provision of the Convention for the adoption of environmental protection control measures by the Au","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134911712","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}