Pub Date : 2022-12-02DOI: 10.1080/02646811.2022.2145018
Y. Duliba
The war in Ukraine has challenged the nuclear safety of Ukraine, Europe and the world. This article examines the problems of nuclear safety in Ukraine and outlines some solutions to this ongoing crisis, as well as improvements to international norms where required. In addressing these issues, there is a critical need to revise the existing standards of nuclear safety to prevent nuclear terrorism, create and authorise a special United Nations (UN) Commission to mediate between the warring parties, and hold an international summit on nuclear security to oversee the fulfilment of obligations by member states of the International Atomic Energy Agency and the UN.
{"title":"Nuclear safety: a global challenge in the context of the war in Ukraine","authors":"Y. Duliba","doi":"10.1080/02646811.2022.2145018","DOIUrl":"https://doi.org/10.1080/02646811.2022.2145018","url":null,"abstract":"The war in Ukraine has challenged the nuclear safety of Ukraine, Europe and the world. This article examines the problems of nuclear safety in Ukraine and outlines some solutions to this ongoing crisis, as well as improvements to international norms where required. In addressing these issues, there is a critical need to revise the existing standards of nuclear safety to prevent nuclear terrorism, create and authorise a special United Nations (UN) Commission to mediate between the warring parties, and hold an international summit on nuclear security to oversee the fulfilment of obligations by member states of the International Atomic Energy Agency and the UN.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":"238 1","pages":"321 - 333"},"PeriodicalIF":2.2,"publicationDate":"2022-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75751129","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}
Pub Date : 2022-11-18DOI: 10.1080/02646811.2022.2134622
(Claire) Nan Guo
China has restated its goal to achieve carbon neutrality before 2060, and the newly launched national emissions trading system (ETS) of 2021 is expected to play a leading role in achieving it. By examining the core design elements of the ETS, this study analyses the legal impediments that may prevent the ETS from achieving China's climate goal. These challenges largely result from a regulatory framework that lacks concrete provisions and effective mechanisms to reduce emissions. By doing so, this study aims to shed some light on potential improvements in ETS regulation, and the role judicial procedure could play in justifying the behaviours of the ETS participants.
{"title":"Legal issues in the implementation of China's emissions trading scheme","authors":"(Claire) Nan Guo","doi":"10.1080/02646811.2022.2134622","DOIUrl":"https://doi.org/10.1080/02646811.2022.2134622","url":null,"abstract":"China has restated its goal to achieve carbon neutrality before 2060, and the newly launched national emissions trading system (ETS) of 2021 is expected to play a leading role in achieving it. By examining the core design elements of the ETS, this study analyses the legal impediments that may prevent the ETS from achieving China's climate goal. These challenges largely result from a regulatory framework that lacks concrete provisions and effective mechanisms to reduce emissions. By doing so, this study aims to shed some light on potential improvements in ETS regulation, and the role judicial procedure could play in justifying the behaviours of the ETS participants.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":"27 1","pages":"305 - 320"},"PeriodicalIF":2.2,"publicationDate":"2022-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82635659","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}
Pub Date : 2022-11-08DOI: 10.1080/02646811.2022.2124742
R. Mauger
‘Microgrid’ is a broad concept that is not determined by a single technical definition. This fact is reflected in the academic literature, which agrees that there is no universal definition of microgrids. While this broad understanding might be beneficial for allowing a broad variety of microgrids, from a legal perspective the absence of a common understanding constitutes a barrier to the development of microgrids. Therefore, this article builds upon an extensive literature review to isolate the most salient characteristics of microgrids and proposes a few key elements that any legal definition of microgrids should include, primarily for the European Union’s legal framework, but also applicable to other jurisdictions. It also provides preliminary advice for a legal regime for microgrids that would allow adapting their organisation in terms of ownership and operation to the local context.
{"title":"Defining microgrids: from technology to law","authors":"R. Mauger","doi":"10.1080/02646811.2022.2124742","DOIUrl":"https://doi.org/10.1080/02646811.2022.2124742","url":null,"abstract":"‘Microgrid’ is a broad concept that is not determined by a single technical definition. This fact is reflected in the academic literature, which agrees that there is no universal definition of microgrids. While this broad understanding might be beneficial for allowing a broad variety of microgrids, from a legal perspective the absence of a common understanding constitutes a barrier to the development of microgrids. Therefore, this article builds upon an extensive literature review to isolate the most salient characteristics of microgrids and proposes a few key elements that any legal definition of microgrids should include, primarily for the European Union’s legal framework, but also applicable to other jurisdictions. It also provides preliminary advice for a legal regime for microgrids that would allow adapting their organisation in terms of ownership and operation to the local context.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":"123 1","pages":"287 - 304"},"PeriodicalIF":2.2,"publicationDate":"2022-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89261943","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}
Pub Date : 2022-10-13DOI: 10.1080/02646811.2022.2120253
J. Chandler
This article examines the challenges faced by Norway in implementing intergenerational equity in its offshore petroleum licensing regime. Norway has been considered by many to be a leader in the regulation of its offshore petroleum, with an emphasis on state control and encouraging a prudent approach by operators, but also emphasising rational and efficient solutions. Unlike some other countries, it has also enacted legislation to support its convention obligations in relation to matters like pollution and the protection of biodiversity. These obligations are also reflected in its constitution. But climate change and other challenges as it moves exploration into more sensitive northern areas are throwing a spotlight on the conflict between those matters and Norway’s vital oil economy.
{"title":"Challenges for Norway in implementing intergenerational equity in its offshore petroleum","authors":"J. Chandler","doi":"10.1080/02646811.2022.2120253","DOIUrl":"https://doi.org/10.1080/02646811.2022.2120253","url":null,"abstract":"This article examines the challenges faced by Norway in implementing intergenerational equity in its offshore petroleum licensing regime. Norway has been considered by many to be a leader in the regulation of its offshore petroleum, with an emphasis on state control and encouraging a prudent approach by operators, but also emphasising rational and efficient solutions. Unlike some other countries, it has also enacted legislation to support its convention obligations in relation to matters like pollution and the protection of biodiversity. These obligations are also reflected in its constitution. But climate change and other challenges as it moves exploration into more sensitive northern areas are throwing a spotlight on the conflict between those matters and Norway’s vital oil economy.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":"12 1","pages":"259 - 285"},"PeriodicalIF":2.2,"publicationDate":"2022-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73971728","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}
Pub Date : 2022-10-02DOI: 10.1080/02646811.2022.2130592
Don C. Smith
{"title":"Historic climate change legislation becomes law: the United States becomes serious (at least for now) on combatting climate change","authors":"Don C. Smith","doi":"10.1080/02646811.2022.2130592","DOIUrl":"https://doi.org/10.1080/02646811.2022.2130592","url":null,"abstract":"","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":"37 1","pages":"403 - 411"},"PeriodicalIF":2.2,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79138274","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}
Pub Date : 2022-10-02DOI: 10.1080/02646811.2022.2128000
D. Aguilar, M. Montoya, Luz Madeleine Muñoz Andrade
The mining and electricity sectors in Colombia have undergone a radical transformation in the last 30 years. This has several explanations, including the new laws regulating it, the creation of new authorities, changes in the market model, new technologies, climate change and energy transition. This article addresses how the mining and electricity sectors have evolved over the years since 1988, both in terms of the legislation and in its institutionality. Finally, the current situation of these sectors in Colombia and the challenges they face are analysed.
{"title":"The mining and energy industry in Colombia: a 30-year overview","authors":"D. Aguilar, M. Montoya, Luz Madeleine Muñoz Andrade","doi":"10.1080/02646811.2022.2128000","DOIUrl":"https://doi.org/10.1080/02646811.2022.2128000","url":null,"abstract":"The mining and electricity sectors in Colombia have undergone a radical transformation in the last 30 years. This has several explanations, including the new laws regulating it, the creation of new authorities, changes in the market model, new technologies, climate change and energy transition. This article addresses how the mining and electricity sectors have evolved over the years since 1988, both in terms of the legislation and in its institutionality. Finally, the current situation of these sectors in Colombia and the challenges they face are analysed.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":"44 1","pages":"437 - 464"},"PeriodicalIF":2.2,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78663708","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}
Pub Date : 2022-09-12DOI: 10.1080/02646811.2022.2093007
Claudia Santos Cruz, Stephanie C. Stimpson
The world exists in an era of decarbonisation and energy transition, where the impacts and experiences vary widely across jurisdictions. In recent years, the trend against funding oil and gas projects has grown, and the uncertainty of investment has contributed to commodity price volatility and heightened concerns regarding energy supply and security in the mid to long term. This volatility and rapidly rising commodity prices have been exacerbated recently by Russia’s invasion of Ukraine, with associated sanctions and turmoil in energy markets. These market realities are broadly impacting resource-exporting and -consuming countries, energy companies, workers, consumers and the global economy. While there is a widely accepted recognition that energy transition must happen, global unrest and market realities are demonstrating that it also needs to occur in an orderly and properly paced fashion that is economically and politically sustainable, in order to mitigate adverse outcomes. This summary reflects expert panelists’ exploration of the balancing act of keeping the oil and gas industry healthy and stable in an era of transition, focusing on two themes: the need to continue to support the development of oil and gas projects that are aligned with current and future climate standards; and the regulatory trends to accelerate the reduction of carbon emissions and achieve the right pace of energy transition, while ensuring that ‘the lights stay on’ and other sustainable development goals are also met.
{"title":"Keeping the lights on: oil and gas development in a low-carbon world","authors":"Claudia Santos Cruz, Stephanie C. Stimpson","doi":"10.1080/02646811.2022.2093007","DOIUrl":"https://doi.org/10.1080/02646811.2022.2093007","url":null,"abstract":"The world exists in an era of decarbonisation and energy transition, where the impacts and experiences vary widely across jurisdictions. In recent years, the trend against funding oil and gas projects has grown, and the uncertainty of investment has contributed to commodity price volatility and heightened concerns regarding energy supply and security in the mid to long term. This volatility and rapidly rising commodity prices have been exacerbated recently by Russia’s invasion of Ukraine, with associated sanctions and turmoil in energy markets. These market realities are broadly impacting resource-exporting and -consuming countries, energy companies, workers, consumers and the global economy. While there is a widely accepted recognition that energy transition must happen, global unrest and market realities are demonstrating that it also needs to occur in an orderly and properly paced fashion that is economically and politically sustainable, in order to mitigate adverse outcomes. This summary reflects expert panelists’ exploration of the balancing act of keeping the oil and gas industry healthy and stable in an era of transition, focusing on two themes: the need to continue to support the development of oil and gas projects that are aligned with current and future climate standards; and the regulatory trends to accelerate the reduction of carbon emissions and achieve the right pace of energy transition, while ensuring that ‘the lights stay on’ and other sustainable development goals are also met.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":"73 1","pages":"491 - 494"},"PeriodicalIF":2.2,"publicationDate":"2022-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72673545","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}
Pub Date : 2022-09-06DOI: 10.1080/02646811.2022.2093002
Sarah AW Fitts, N. Antunes, Jonathan Cocker, Sadayuki Matsudaira, Patrizia Rutigliano, Umberto Penco Salvi
While the science underlying renewable fuels is not new, carbon reduction mandates, a need to better address solid waste, the availability of cheaper power, such as from excess renewable generation, and technological advancements have significantly improved the economic base case for renewable fuels. In early 2022, geopolitical changes stemming from the Russian invasion of Ukraine and related disruptions to energy markets created a sense of urgency around fuel supply. Separately, while renewable fuels can be a pathway to satisfying environmental, social and governance (ESG) objectives, the production and use of such fuels do have adverse properties (eg emissions or heavy power requirements, in some cases) and may not always be considered ‘green’. The aim of this panel, organised by the Power Law Committee of the Section of Energy, Environmental, Natural Resources, and Infrastructure Law (SEERIL) of the International Bar Association, was to showcase emerging trends in renewable fuels, which were defined as fuels made from biomass and other feedstocks, and the production of hydrogen fuels, often from electrolysis. The panelists addressed aspects of the foregoing, each through the lens of their home jurisdiction and experience. The panel discussion took place during SEERIL's May 2022 biennial meeting.
{"title":"Legal issues associated with renewable fuels","authors":"Sarah AW Fitts, N. Antunes, Jonathan Cocker, Sadayuki Matsudaira, Patrizia Rutigliano, Umberto Penco Salvi","doi":"10.1080/02646811.2022.2093002","DOIUrl":"https://doi.org/10.1080/02646811.2022.2093002","url":null,"abstract":"While the science underlying renewable fuels is not new, carbon reduction mandates, a need to better address solid waste, the availability of cheaper power, such as from excess renewable generation, and technological advancements have significantly improved the economic base case for renewable fuels. In early 2022, geopolitical changes stemming from the Russian invasion of Ukraine and related disruptions to energy markets created a sense of urgency around fuel supply. Separately, while renewable fuels can be a pathway to satisfying environmental, social and governance (ESG) objectives, the production and use of such fuels do have adverse properties (eg emissions or heavy power requirements, in some cases) and may not always be considered ‘green’. The aim of this panel, organised by the Power Law Committee of the Section of Energy, Environmental, Natural Resources, and Infrastructure Law (SEERIL) of the International Bar Association, was to showcase emerging trends in renewable fuels, which were defined as fuels made from biomass and other feedstocks, and the production of hydrogen fuels, often from electrolysis. The panelists addressed aspects of the foregoing, each through the lens of their home jurisdiction and experience. The panel discussion took place during SEERIL's May 2022 biennial meeting.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":"1 1","pages":"495 - 500"},"PeriodicalIF":2.2,"publicationDate":"2022-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79882869","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}
Pub Date : 2022-08-31DOI: 10.1080/02646811.2022.2093008
Carola Antonini, G. Mancero, Donia El-Mazghouny, G. Conti, John Vellone, Kunihiro Yokoi, Marc Baltus
Governments around the world have made major commitments to reduce dependence on fossil fuels and to ‘electrify’ major segments of their economies. However, current electrical systems were not built to be clean or renewable, and their resilience will be tested in new ways in the face of changing demand and climate change. Clearly, as part of reducing fossil dependence, there will need to be major investments in upgrading electricity generation and delivery. But with change comes challenges. How are governments, investors, utilities, project developers and consumers dealing with the competing demands for best-in-class-technology, reducing carbon footprints while providing reliable service at reasonable rates, and what can consumers afford or be required to pay for? This was the context for and these were the questions addressed by this panel of electricity law experts. This summary has been prepared based on one of the Power Law Committee's panels held during the International Bar Association (IBA)’s Section on Energy, Environment, Natural Resources and Infrastructure Law (SEERIL) 2022 biennial meeting.
{"title":"‘The future of electricity’: a panel of experts considers what lies ahead in Canada, Colombia, Egypt, Germany, Italy and Japan","authors":"Carola Antonini, G. Mancero, Donia El-Mazghouny, G. Conti, John Vellone, Kunihiro Yokoi, Marc Baltus","doi":"10.1080/02646811.2022.2093008","DOIUrl":"https://doi.org/10.1080/02646811.2022.2093008","url":null,"abstract":"Governments around the world have made major commitments to reduce dependence on fossil fuels and to ‘electrify’ major segments of their economies. However, current electrical systems were not built to be clean or renewable, and their resilience will be tested in new ways in the face of changing demand and climate change. Clearly, as part of reducing fossil dependence, there will need to be major investments in upgrading electricity generation and delivery. But with change comes challenges. How are governments, investors, utilities, project developers and consumers dealing with the competing demands for best-in-class-technology, reducing carbon footprints while providing reliable service at reasonable rates, and what can consumers afford or be required to pay for? This was the context for and these were the questions addressed by this panel of electricity law experts. This summary has been prepared based on one of the Power Law Committee's panels held during the International Bar Association (IBA)’s Section on Energy, Environment, Natural Resources and Infrastructure Law (SEERIL) 2022 biennial meeting.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":"55 1","pages":"501 - 511"},"PeriodicalIF":2.2,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91013946","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}
Pub Date : 2022-08-25DOI: 10.1080/02646811.2022.2106687
K. Bruckner
The transition to low-carbon energy production, transportation and technologies is key to mitigating climate change impacts and risks on a warming planet. The Intergovern-mental Panel on Climate Change (IPCC) has repeatedly warned of the need for urgent action on climate, including in its 2022 climate report presenting near-, medium-and long-term risks for dangerous global warming pathways that overshoot 1.5°C for multiple decades. 1 Commitments to take action through transitions to renewable energy are re fl ected in Nationally Determined Contributions (NDCs) communicated by governments under the Paris Agreement 2 and targets set by companies, municipalities, purchasers, investors and others.
{"title":"Improving environmental and social practices in the mining sector is essential in the transition to renewable energy","authors":"K. Bruckner","doi":"10.1080/02646811.2022.2106687","DOIUrl":"https://doi.org/10.1080/02646811.2022.2106687","url":null,"abstract":"The transition to low-carbon energy production, transportation and technologies is key to mitigating climate change impacts and risks on a warming planet. The Intergovern-mental Panel on Climate Change (IPCC) has repeatedly warned of the need for urgent action on climate, including in its 2022 climate report presenting near-, medium-and long-term risks for dangerous global warming pathways that overshoot 1.5°C for multiple decades. 1 Commitments to take action through transitions to renewable energy are re fl ected in Nationally Determined Contributions (NDCs) communicated by governments under the Paris Agreement 2 and targets set by companies, municipalities, purchasers, investors and others.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":"34 1","pages":"361 - 367"},"PeriodicalIF":2.2,"publicationDate":"2022-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89633968","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}
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