Pub Date : 2022-08-25DOI: 10.1080/02646811.2022.2098613
D. Attanasio
The next wave of nuclear energy technology has the potential to facilitate deep decarbonisation. Presentations and discussions from a recent conference explored barriers and pathways to realisation of this potential. The areas addressed included economics, government support, equity, regulatory clarity, supply chain security, and appeal to environmental, social, governance (ESG) investors, as briefly summarised herein.
{"title":"Promise, obstacles and hope for new nuclear’s role in decarbonisation","authors":"D. Attanasio","doi":"10.1080/02646811.2022.2098613","DOIUrl":"https://doi.org/10.1080/02646811.2022.2098613","url":null,"abstract":"The next wave of nuclear energy technology has the potential to facilitate deep decarbonisation. Presentations and discussions from a recent conference explored barriers and pathways to realisation of this potential. The areas addressed included economics, government support, equity, regulatory clarity, supply chain security, and appeal to environmental, social, governance (ESG) investors, as briefly summarised herein.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":"1 1","pages":"351 - 360"},"PeriodicalIF":2.2,"publicationDate":"2022-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72878665","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 : 2022-07-29DOI: 10.1080/02646811.2022.2091785
B. Barton
The relationship between the owner of resources and the operator is identified as a core concept in natural resources law, giving the field conceptual cohesion. Owners commonly allocate rights to operator companies rather than developing the resources themselves. The main reasons appear to be access to expertise and risk management. This relationship or bargain can take various forms and its content varies. This article asks what legitimately constitutes a field of law, considers how the bargain nexus is a common and distinctive feature of natural resources law, and discusses its power to explain the nature of the field and its legal problems.
{"title":"A core concept in natural resources law: the nexus between owner and operator","authors":"B. Barton","doi":"10.1080/02646811.2022.2091785","DOIUrl":"https://doi.org/10.1080/02646811.2022.2091785","url":null,"abstract":"The relationship between the owner of resources and the operator is identified as a core concept in natural resources law, giving the field conceptual cohesion. Owners commonly allocate rights to operator companies rather than developing the resources themselves. The main reasons appear to be access to expertise and risk management. This relationship or bargain can take various forms and its content varies. This article asks what legitimately constitutes a field of law, considers how the bargain nexus is a common and distinctive feature of natural resources law, and discusses its power to explain the nature of the field and its legal problems.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":"6 1","pages":"241 - 257"},"PeriodicalIF":2.2,"publicationDate":"2022-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82798878","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 : 2022-07-11DOI: 10.1080/02646811.2022.2087340
Oludolapo Makinde, Philippe Le Billon
Artificial Intelligence (AI) offers the promise of improving natural resource governance, including addressing bribery and corruption risks. The mobilisation of computing power requires access to large amounts of data, a task facilitated by disclosure instruments. This paper examines the rationale and potential of artificial intelligence and the Extractive Industries Transparency Initiative (EITI) as anti-corruption tools, with a focus on extractive companies based in Canada. The paper concludes that the integration of AI and the EITI Standard holds some promise to curtail corruption in extractive sectors, despite some ethical, legal and practical challenges.
{"title":"Artificial intelligence and the Extractive Industries Transparency Initiative as anti-corruption tools for Canadian extractive companies","authors":"Oludolapo Makinde, Philippe Le Billon","doi":"10.1080/02646811.2022.2087340","DOIUrl":"https://doi.org/10.1080/02646811.2022.2087340","url":null,"abstract":"Artificial Intelligence (AI) offers the promise of improving natural resource governance, including addressing bribery and corruption risks. The mobilisation of computing power requires access to large amounts of data, a task facilitated by disclosure instruments. This paper examines the rationale and potential of artificial intelligence and the Extractive Industries Transparency Initiative (EITI) as anti-corruption tools, with a focus on extractive companies based in Canada. The paper concludes that the integration of AI and the EITI Standard holds some promise to curtail corruption in extractive sectors, despite some ethical, legal and practical challenges.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":"8 1","pages":"27 - 48"},"PeriodicalIF":2.2,"publicationDate":"2022-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87781748","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 : 2022-07-11DOI: 10.1080/02646811.2022.2087332
U. Etemire
The adoption in 2018, and entry into force in 2021, of the Escazú Agreement creates significant room for the further entrenchment of Principle 10 of the Rio Declaration in countries in the Latin America and Caribbean region. The severe environmental and related human rights challenges in the region have attracted global attention. And the Agreement is most timely in its aim to secure a healthy environment for the present and future generations and ensure sustainable development in the region. Within the context of good practice in the field – as exemplified by the earlier Aarhus Convention and the United Nations Environmental Programme (UNEP) Bali Guidelines – and the peculiar requirements of the region, this article assesses the quality of the Escazú Agreement, and the extent to which the public right of access to environmental information in the Agreement can contribute to achieving the goal of the regime. It also reflects how best this right might be strengthened where necessary. The study finds that while aspects of the information right are sound, are sensitive to regional needs and peculiarities, and align with and even go beyond established good practice, some key provisions require strengthening as they are significantly weak and potentially compromising of the overall value of the access right granted.
{"title":"The Escazú Agreement: public access to environmental information and the goal of a sustainable future","authors":"U. Etemire","doi":"10.1080/02646811.2022.2087332","DOIUrl":"https://doi.org/10.1080/02646811.2022.2087332","url":null,"abstract":"The adoption in 2018, and entry into force in 2021, of the Escazú Agreement creates significant room for the further entrenchment of Principle 10 of the Rio Declaration in countries in the Latin America and Caribbean region. The severe environmental and related human rights challenges in the region have attracted global attention. And the Agreement is most timely in its aim to secure a healthy environment for the present and future generations and ensure sustainable development in the region. Within the context of good practice in the field – as exemplified by the earlier Aarhus Convention and the United Nations Environmental Programme (UNEP) Bali Guidelines – and the peculiar requirements of the region, this article assesses the quality of the Escazú Agreement, and the extent to which the public right of access to environmental information in the Agreement can contribute to achieving the goal of the regime. It also reflects how best this right might be strengthened where necessary. The study finds that while aspects of the information right are sound, are sensitive to regional needs and peculiarities, and align with and even go beyond established good practice, some key provisions require strengthening as they are significantly weak and potentially compromising of the overall value of the access right granted.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":"65 1","pages":"71 - 91"},"PeriodicalIF":2.2,"publicationDate":"2022-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85914566","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 : 2022-07-11DOI: 10.1080/02646811.2022.2088175
Kanerva Sunila, A. Ekroos
During the last decade, the level of detail and complexity in the EU electricity market legislation has ballooned. Simultaneously, the pace of technological development has been rapid. This is necessary for the clean energy transition but also creates challenges. How do we ensure the legislation is keeping up with the development of the real world? Should innovative solutions be encouraged, even if they do not comply with the current rules? We argue that regulation of the ‘radical innovations’ is inadequate in the EU. As a solution, we discuss an EU framework for regulatory sandboxes and propose design principles for its development.
{"title":"Regulating radical innovations in the EU electricity markets: time for a robust sandbox","authors":"Kanerva Sunila, A. Ekroos","doi":"10.1080/02646811.2022.2088175","DOIUrl":"https://doi.org/10.1080/02646811.2022.2088175","url":null,"abstract":"During the last decade, the level of detail and complexity in the EU electricity market legislation has ballooned. Simultaneously, the pace of technological development has been rapid. This is necessary for the clean energy transition but also creates challenges. How do we ensure the legislation is keeping up with the development of the real world? Should innovative solutions be encouraged, even if they do not comply with the current rules? We argue that regulation of the ‘radical innovations’ is inadequate in the EU. As a solution, we discuss an EU framework for regulatory sandboxes and propose design principles for its development.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":"43 1","pages":"5 - 25"},"PeriodicalIF":2.2,"publicationDate":"2022-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75737822","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 : 2022-07-03DOI: 10.1080/02646811.2022.2095147
Don C. Smith
It is too early to clearly understand what the European Union’s embargo on most Russian oil imports as well as Russian cuts in delivery of natural gas to Europe will mean in the long term, although several experts have predicted that the energy crisis brought about by Russia’s war in Ukraine ‘could become the worst in half a century’. However, it is not too early to consider how these changes may affect the global energy order in the shorter term. At a minimum, three things seem nearly certain: (1) the world may be on the precipice of a new energy order; (2) the EU will quicken the pace of transitioning to clean energy; and (3) the EU, and the world more generally, will burn more – not less – fossil fuel in the months ahead.
{"title":"A new global energy order? The world contemplates the meaning of the EU's embargo on Russian oil imports","authors":"Don C. Smith","doi":"10.1080/02646811.2022.2095147","DOIUrl":"https://doi.org/10.1080/02646811.2022.2095147","url":null,"abstract":"It is too early to clearly understand what the European Union’s embargo on most Russian oil imports as well as Russian cuts in delivery of natural gas to Europe will mean in the long term, although several experts have predicted that the energy crisis brought about by Russia’s war in Ukraine ‘could become the worst in half a century’. However, it is not too early to consider how these changes may affect the global energy order in the shorter term. At a minimum, three things seem nearly certain: (1) the world may be on the precipice of a new energy order; (2) the EU will quicken the pace of transitioning to clean energy; and (3) the EU, and the world more generally, will burn more – not less – fossil fuel in the months ahead.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":"215 1","pages":"287 - 291"},"PeriodicalIF":2.2,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79584322","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 : 2022-06-06DOI: 10.1080/02646811.2022.2072606
Hao Zhang, Yuanyuan Zhang
The Chinese government considers natural gas the preferred transition energy resource and is attempting to increase its proportion in China’s primary energy mix. In recent years, the reform of China’s natural gas sector has been steered towards breaking down vertical integration and developing a more market-based pricing system, the latter of which has long been subject to decisive government intervention. This article provides a comprehensive study of China’s gas pricing system through an analysis of policy and regulation. It shows that the previous reform was parochial and incremental, driven by the critical developmental conditions of China’s gas market. The gradual reform exemplifies the lack of systematic planning for the pricing reform and a relatively weak regulatory system. The latest reform has demonstrated a more systematic approach to restructuring China’s natural gas market with the improved political will to introduce competition into China’s gas market. However, the political imperative to reform natural gas pricing is challenged by the regulatory uncertainty rooted in the pre-existing conditions of China’s natural gas sector and the vested interest of industrial stakeholders. This article analyses the challenges of the latest reform to understand the limitations of the reform measures.
{"title":"Stranded between political imperative and regulatory uncertainty: China’s move towards natural gas pricing reform","authors":"Hao Zhang, Yuanyuan Zhang","doi":"10.1080/02646811.2022.2072606","DOIUrl":"https://doi.org/10.1080/02646811.2022.2072606","url":null,"abstract":"The Chinese government considers natural gas the preferred transition energy resource and is attempting to increase its proportion in China’s primary energy mix. In recent years, the reform of China’s natural gas sector has been steered towards breaking down vertical integration and developing a more market-based pricing system, the latter of which has long been subject to decisive government intervention. This article provides a comprehensive study of China’s gas pricing system through an analysis of policy and regulation. It shows that the previous reform was parochial and incremental, driven by the critical developmental conditions of China’s gas market. The gradual reform exemplifies the lack of systematic planning for the pricing reform and a relatively weak regulatory system. The latest reform has demonstrated a more systematic approach to restructuring China’s natural gas market with the improved political will to introduce competition into China’s gas market. However, the political imperative to reform natural gas pricing is challenged by the regulatory uncertainty rooted in the pre-existing conditions of China’s natural gas sector and the vested interest of industrial stakeholders. This article analyses the challenges of the latest reform to understand the limitations of the reform measures.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":"46 1","pages":"49 - 70"},"PeriodicalIF":2.2,"publicationDate":"2022-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82675951","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 : 2022-05-27DOI: 10.1080/02646811.2022.2058770
A. Clavijo, Walter F Díaz Paz, Mauricio Lorca, Manuel Olivera Andrade, M. Iribarnegaray, I. Garcés
Lithium is a key element in the new energy paradigm. In the Lithium Triangle countries, extractive pressure has increased considerably in the last decade. Lithium from salt flat mines could become a development driver for the region, but what is the real impact of the activity? Are all the cards on the table? To explore these questions, this article analyses the transparency and availability of environmental information on lithium mining from the framework of environmental governance. It finds that the current forms of information dissemination show situations of inequality, invalidating a fair and equitable transition to electromobility.
{"title":"Environmental information access and management in the Lithium Triangle: is it transparent information?","authors":"A. Clavijo, Walter F Díaz Paz, Mauricio Lorca, Manuel Olivera Andrade, M. Iribarnegaray, I. Garcés","doi":"10.1080/02646811.2022.2058770","DOIUrl":"https://doi.org/10.1080/02646811.2022.2058770","url":null,"abstract":"Lithium is a key element in the new energy paradigm. In the Lithium Triangle countries, extractive pressure has increased considerably in the last decade. Lithium from salt flat mines could become a development driver for the region, but what is the real impact of the activity? Are all the cards on the table? To explore these questions, this article analyses the transparency and availability of environmental information on lithium mining from the framework of environmental governance. It finds that the current forms of information dissemination show situations of inequality, invalidating a fair and equitable transition to electromobility.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":"85 1","pages":"293 - 314"},"PeriodicalIF":2.2,"publicationDate":"2022-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87149235","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 : 2022-04-29DOI: 10.1080/02646811.2022.2051922
Momodu Kassim-Momodu
The Nigerian Petroleum Industry Act, 2021 (PIA) repealed and replaced the Petroleum Act, 1969. Under the Petroleum Act 1969, the minister responsible for petroleum matters had wide discretionary powers including the power to grant petroleum exploration and production licences, power to revoke such licences and power to acquire the interest of any party in a petroleum joint operating venture. The minister had general supervisory and oversight powers over the petroleum industry. The PIA seeks to whittle down those powers, but still leaves the minister with considerable authority to exercise discretion and also exercise some control over the statutory bodies established by the PIA with responsibilities that would have effectively reduced the powers of the minister and ensured transparency and accountability. This paper reviews these powers and the legal limitation on the exercise of such statutory powers and suggests options for remedies available in cases of arbitrary or unreasonable exercise of such powers.
{"title":"Exercise of ministerial powers under Nigeria’s petroleum industry act","authors":"Momodu Kassim-Momodu","doi":"10.1080/02646811.2022.2051922","DOIUrl":"https://doi.org/10.1080/02646811.2022.2051922","url":null,"abstract":"The Nigerian Petroleum Industry Act, 2021 (PIA) repealed and replaced the Petroleum Act, 1969. Under the Petroleum Act 1969, the minister responsible for petroleum matters had wide discretionary powers including the power to grant petroleum exploration and production licences, power to revoke such licences and power to acquire the interest of any party in a petroleum joint operating venture. The minister had general supervisory and oversight powers over the petroleum industry. The PIA seeks to whittle down those powers, but still leaves the minister with considerable authority to exercise discretion and also exercise some control over the statutory bodies established by the PIA with responsibilities that would have effectively reduced the powers of the minister and ensured transparency and accountability. This paper reviews these powers and the legal limitation on the exercise of such statutory powers and suggests options for remedies available in cases of arbitrary or unreasonable exercise of such powers.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":"15 1","pages":"105 - 115"},"PeriodicalIF":2.2,"publicationDate":"2022-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84101314","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 : 2022-04-12DOI: 10.1080/02646811.2022.2052462
E. Pereira, O. Omotuyi
Structural Equation
结构方程
{"title":"Petroleum Resource Management in Africa: Lessons From Ten Years of Oil and Gas Production in Ghana","authors":"E. Pereira, O. Omotuyi","doi":"10.1080/02646811.2022.2052462","DOIUrl":"https://doi.org/10.1080/02646811.2022.2052462","url":null,"abstract":"Structural Equation","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":"24 1","pages":"117 - 126"},"PeriodicalIF":2.2,"publicationDate":"2022-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81416212","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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