Pub Date : 2021-08-09DOI: 10.1080/02646811.2021.1957320
Wu Lan
tory to establish the value of natural gas or competing fuels in a specific market. In principle, liberalisation and the development of liquid gas hubs should reduce the need for price review clauses in new agreements, ‘since hub indexation eliminates (or at least greatly reduces) the risk of mismatches between prices in long-term import contracts and market prices of natural gas’ (Agosti and Moselle, p 183). Following the important arbitrations involving Gazprom and other major energy companies in the context of the EU gas market liberalisation, most attention is now on Asia where market reform is ongoing (eg in China), with expected impacts on long-term contracts. Perhaps more importantly, the coronavirus-related collapse of energy markets in 2020 and the transition towards decarbonised energy systems are major market developments that will almost inevitably result in gas and LNG price arbitrations. Gas and LNG Price Arbitrations provides a useful guide to help understand the purpose and use of price reviews and to navigate the tension between the stability and flexibility of gas and LNG contracts in the context of rapidly changing energy markets.
{"title":"China as a Global Clean Energy Champion – Lifting the Veil","authors":"Wu Lan","doi":"10.1080/02646811.2021.1957320","DOIUrl":"https://doi.org/10.1080/02646811.2021.1957320","url":null,"abstract":"tory to establish the value of natural gas or competing fuels in a specific market. In principle, liberalisation and the development of liquid gas hubs should reduce the need for price review clauses in new agreements, ‘since hub indexation eliminates (or at least greatly reduces) the risk of mismatches between prices in long-term import contracts and market prices of natural gas’ (Agosti and Moselle, p 183). Following the important arbitrations involving Gazprom and other major energy companies in the context of the EU gas market liberalisation, most attention is now on Asia where market reform is ongoing (eg in China), with expected impacts on long-term contracts. Perhaps more importantly, the coronavirus-related collapse of energy markets in 2020 and the transition towards decarbonised energy systems are major market developments that will almost inevitably result in gas and LNG price arbitrations. Gas and LNG Price Arbitrations provides a useful guide to help understand the purpose and use of price reviews and to navigate the tension between the stability and flexibility of gas and LNG contracts in the context of rapidly changing energy markets.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":"37 1","pages":"533 - 538"},"PeriodicalIF":2.2,"publicationDate":"2021-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79966709","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 : 2021-07-21DOI: 10.1080/02646811.2021.1940486
L. Benjamin
The second edition of the Principles on Climate Obligations of Enterprises (Enterprise Principles or Principles) provides an updated and expanded set of legal principles, articulating clear yet fle...
{"title":"Principles on Climate Obligations of Enterprises by the Expert Group on Global Climate Change (2nd edn)","authors":"L. Benjamin","doi":"10.1080/02646811.2021.1940486","DOIUrl":"https://doi.org/10.1080/02646811.2021.1940486","url":null,"abstract":"The second edition of the Principles on Climate Obligations of Enterprises (Enterprise Principles or Principles) provides an updated and expanded set of legal principles, articulating clear yet fle...","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":"27 1","pages":"397 - 402"},"PeriodicalIF":2.2,"publicationDate":"2021-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82948068","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 : 2021-07-03DOI: 10.1080/02646811.2021.1943935
Don C. Smith
US Energy Secretary Jennifer Granholmmade an astounding – but sadly not surprising – admission in early June 2021. When asked whether US adversaries have the capability of interrupting the electricity grid she simply answered, ‘Yes they do’, adding ‘I think there are very malign actors who are trying. Even as we speak, there are thousands of attacks on all aspects of the energy sector and the private sector, generally’. Granholm’s words were astounding because the US government has known for years that cyberattacks on key infrastructure were going on. And yet they were not surprising because obviously not enough has been done to protect against such attacks. Almost exactly three years ago, a journal editorial raised the matter of prioritising cybersecurity in the energy sector. As the editorial pointed out, ‘[T]he US electricity grid, which has been referred to as the “largest interconnected machine” in the world, consists of “more than 7,000 power plants, 55,000 substations, 160,000 miles of highvoltage transmission lines and millions of miles of low-voltage distribution lines”’. While it is true that the system has not yet suffered a catastrophic attack, Granholm’s words are hardly comforting. Organisations around the world are also concerned about this issue. For example, in the World Economic Forum’s Global Risk Report 2020, cyberattacks on critical infrastructure including the energy system were rated the fifth top risk. And the International Energy Agency has said that for electricity systems in particular, ‘the threat of cyberattack is substantial and growing, and threat actors are becoming increasingly sophisticated at carrying out attacks – both in their destructive capabilities and their ability to identify vulnerabilities’. Moreover, earlier this year Reji Kumar Pillai, head of an Indian think tank that advises utilities, regulators and government on energy issues, said, ‘India’s power system is in urgent need of proper cybersecurity systems. Both the state and the central governments need to treat this with utmost urgency, without waiting for a disaster to happen’.
美国能源部长詹妮弗·格兰霍尔姆在2021年6月初做出了令人震惊的承认，但遗憾的是，这并不令人意外。当被问及美国的对手是否有能力中断电网时，她简单地回答说，“是的，他们有”，并补充说，“我认为有非常恶意的行为者正在尝试。”就在我们说话的时候，能源部门和私营部门的各个方面都受到了成千上万的攻击。”格兰霍姆的话令人震惊，因为美国政府多年来一直知道，对关键基础设施的网络攻击正在发生。然而，这并不令人惊讶，因为显然在防范此类袭击方面做得还不够。几乎就在三年前，一篇期刊社论提出了在能源领域优先考虑网络安全的问题。这篇社论指出，美国电网被称为世界上“最大的互联机器”，由“7000多座发电厂、5.5万个变电站、16万英里的高压输电线路和数百万英里的低压配电线路”组成。虽然这个系统确实还没有遭受灾难性的攻击，但格兰霍姆的话很难让人感到安慰。世界各地的组织也在关注这个问题。例如，在世界经济论坛的《2020年全球风险报告》中，对包括能源系统在内的关键基础设施的网络攻击被评为第五大风险。国际能源署(International Energy Agency)表示，特别是对电力系统而言，“网络攻击的威胁是巨大的，而且还在不断增长，威胁行为者在实施攻击方面变得越来越老练——无论是在破坏能力方面，还是在识别漏洞的能力方面。”此外，今年早些时候，印度一家智库的负责人皮莱(Reji Kumar Pillai)说，印度的电力系统迫切需要适当的网络安全系统。皮莱在能源问题上为公用事业、监管机构和政府提供咨询。邦政府和中央政府都需要以最紧迫的方式处理此事，而不是等待灾难发生。”
{"title":"Cybersecurity in the energy sector: are we really prepared?","authors":"Don C. Smith","doi":"10.1080/02646811.2021.1943935","DOIUrl":"https://doi.org/10.1080/02646811.2021.1943935","url":null,"abstract":"US Energy Secretary Jennifer Granholmmade an astounding – but sadly not surprising – admission in early June 2021. When asked whether US adversaries have the capability of interrupting the electricity grid she simply answered, ‘Yes they do’, adding ‘I think there are very malign actors who are trying. Even as we speak, there are thousands of attacks on all aspects of the energy sector and the private sector, generally’. Granholm’s words were astounding because the US government has known for years that cyberattacks on key infrastructure were going on. And yet they were not surprising because obviously not enough has been done to protect against such attacks. Almost exactly three years ago, a journal editorial raised the matter of prioritising cybersecurity in the energy sector. As the editorial pointed out, ‘[T]he US electricity grid, which has been referred to as the “largest interconnected machine” in the world, consists of “more than 7,000 power plants, 55,000 substations, 160,000 miles of highvoltage transmission lines and millions of miles of low-voltage distribution lines”’. While it is true that the system has not yet suffered a catastrophic attack, Granholm’s words are hardly comforting. Organisations around the world are also concerned about this issue. For example, in the World Economic Forum’s Global Risk Report 2020, cyberattacks on critical infrastructure including the energy system were rated the fifth top risk. And the International Energy Agency has said that for electricity systems in particular, ‘the threat of cyberattack is substantial and growing, and threat actors are becoming increasingly sophisticated at carrying out attacks – both in their destructive capabilities and their ability to identify vulnerabilities’. Moreover, earlier this year Reji Kumar Pillai, head of an Indian think tank that advises utilities, regulators and government on energy issues, said, ‘India’s power system is in urgent need of proper cybersecurity systems. Both the state and the central governments need to treat this with utmost urgency, without waiting for a disaster to happen’.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":"228 1","pages":"265 - 270"},"PeriodicalIF":2.2,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77405899","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 : 2021-07-02DOI: 10.1080/02646811.2021.1930708
Fernando Aguirre B.
Bolivia is the largest world lithium reserve with brines for extraction at salt lakes, the main one being Uyuni. Policies for development were reactivated by 1997 with periodically revised plans. Specific projects have been implemented since 2007, including pilot plants and experimental exports. Only by the end of 2018 did Bolivia succeed in signing significant contracts with foreign participation. Internal political factors forced the termination of an important contract with ACY Systems GmbH - Germany. The government elected in 2020 renewed efforts, and are expected to re-initiate significant progress by 2021. Technological challenges remain (rainy seasons – magnesium brine composition). The state has active participation in agreements with foreign/national private parties.
{"title":"The lithium triangle – the importance of Bolivia","authors":"Fernando Aguirre B.","doi":"10.1080/02646811.2021.1930708","DOIUrl":"https://doi.org/10.1080/02646811.2021.1930708","url":null,"abstract":"Bolivia is the largest world lithium reserve with brines for extraction at salt lakes, the main one being Uyuni. Policies for development were reactivated by 1997 with periodically revised plans. Specific projects have been implemented since 2007, including pilot plants and experimental exports. Only by the end of 2018 did Bolivia succeed in signing significant contracts with foreign participation. Internal political factors forced the termination of an important contract with ACY Systems GmbH - Germany. The government elected in 2020 renewed efforts, and are expected to re-initiate significant progress by 2021. Technological challenges remain (rainy seasons – magnesium brine composition). The state has active participation in agreements with foreign/national private parties.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":"40 1","pages":"183 - 202"},"PeriodicalIF":2.2,"publicationDate":"2021-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/02646811.2021.1930708","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59328653","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 : 2021-06-23DOI: 10.1080/02646811.2021.1930710
Iñigo del Guayo Castiella, Miguel A Marmolejo Cervantes
There are no recovery plans in Latin America to face the economic consequences of COVID-19. The European Union passed a Recovery Plan for Europe which will reactivate the European economy in a modern and sustainable manner. Once Latin America recovers from the COVID-19 pandemic, it will likely return to the same green-climate policies that existed pre COVID-19. This is exemplified by Mexico’s energy policy, which prioritises fossil fuels and hampers economic competition in the energy industry. The Recovery Plan for Europe promotes a green recovery, including the creation of a more environmentally friendly energy sector.
{"title":"The recovery of the energy sector after the COVID-19 pandemic: a comparison between Latin America and the European Union","authors":"Iñigo del Guayo Castiella, Miguel A Marmolejo Cervantes","doi":"10.1080/02646811.2021.1930710","DOIUrl":"https://doi.org/10.1080/02646811.2021.1930710","url":null,"abstract":"There are no recovery plans in Latin America to face the economic consequences of COVID-19. The European Union passed a Recovery Plan for Europe which will reactivate the European economy in a modern and sustainable manner. Once Latin America recovers from the COVID-19 pandemic, it will likely return to the same green-climate policies that existed pre COVID-19. This is exemplified by Mexico’s energy policy, which prioritises fossil fuels and hampers economic competition in the energy industry. The Recovery Plan for Europe promotes a green recovery, including the creation of a more environmentally friendly energy sector.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":"5 1","pages":"165 - 181"},"PeriodicalIF":2.2,"publicationDate":"2021-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85190932","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 : 2021-04-27DOI: 10.1080/02646811.2021.1914403
Magdalena Porzeżyńska
{"title":"European Law on Combined Heat and Power","authors":"Magdalena Porzeżyńska","doi":"10.1080/02646811.2021.1914403","DOIUrl":"https://doi.org/10.1080/02646811.2021.1914403","url":null,"abstract":"","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":"35 1","pages":"155 - 157"},"PeriodicalIF":2.2,"publicationDate":"2021-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82183668","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 : 2021-04-07DOI: 10.1080/02646811.2021.1895526
A. Smith-Roberts, K. Bruckner, V. M. Bellido, H. F. Ossandón, M. Nayak, N. Smith, L. J. Urrego
This article explores the impact of COVID-19 on artisanal and small-scale gold mining (ASGM) supply chains in Peru between spring 2020 and early 2021. This analysis delves into the effects of the pandemic on the ASGM sector and the illicit flow of gold, including the effect of the mandated lockdown on the Peruvian economy, the price of gold and its impact on artisanal and small-scale mining communities, the socio-economic consequences of the quarantine on Peru's ASGM population, and the impact of lockdown on the gold supply chain. This study suggests the artisanal and small-scale mining formalization process in Peru was greatly impacted by the coronavirus pandemic, which brought complications such as increased criminal activity and violence along the gold supply chain. Similar trends can be seen in ASGM populations around the globe, and case studies from Zimbabwe, Colombia, Bolivia, and Chile explore how different governments have handled the effect of COVID-19 on the ASGM sector. This article highlights recommendations for governments and other key stakeholders to consider for supporting and strengthening ASGM communities, the gold supply chain, and the pursuit of formalization in Peru and worldwide.
{"title":"‘All that glitters is not gold’: the effects of the COVID-19 pandemic on artisanal and small-scale gold mining and supply chains in Peru","authors":"A. Smith-Roberts, K. Bruckner, V. M. Bellido, H. F. Ossandón, M. Nayak, N. Smith, L. J. Urrego","doi":"10.1080/02646811.2021.1895526","DOIUrl":"https://doi.org/10.1080/02646811.2021.1895526","url":null,"abstract":"This article explores the impact of COVID-19 on artisanal and small-scale gold mining (ASGM) supply chains in Peru between spring 2020 and early 2021. This analysis delves into the effects of the pandemic on the ASGM sector and the illicit flow of gold, including the effect of the mandated lockdown on the Peruvian economy, the price of gold and its impact on artisanal and small-scale mining communities, the socio-economic consequences of the quarantine on Peru's ASGM population, and the impact of lockdown on the gold supply chain. This study suggests the artisanal and small-scale mining formalization process in Peru was greatly impacted by the coronavirus pandemic, which brought complications such as increased criminal activity and violence along the gold supply chain. Similar trends can be seen in ASGM populations around the globe, and case studies from Zimbabwe, Colombia, Bolivia, and Chile explore how different governments have handled the effect of COVID-19 on the ASGM sector. This article highlights recommendations for governments and other key stakeholders to consider for supporting and strengthening ASGM communities, the gold supply chain, and the pursuit of formalization in Peru and worldwide.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":"38 1","pages":"489 - 527"},"PeriodicalIF":2.2,"publicationDate":"2021-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74042123","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 : 2021-04-03DOI: 10.1080/02646811.2021.1911097
Don C. Smith
16 I Ibid i 17 European Patent Office and IEA (n 13), 2 18 I Ibid i , 3 19 IEA, "A Rapid Rise in Battery Innovation" (n 3) 20 IEA, "Innovation in Batteries and Electricity Storage", (September 2020) https://www iea org/reports/innovation-in-batteries-and-electricity-storage accessed 13 April 2021 Rapid growth in the development and deployment of energy storage technologies, long described as the '"holy grail" of energy's future',[1] is essential in the years ahead if there is any chance of the world meeting sustainable energy and international climate goals 27 I Ibid i 28 Ewa Krukowska, "EU Battery Ambitions to Get $1 1 Billion Research Boost" I Bloomberg Law i (12 March 2021) 29 'The Biden Plan to Build a Modern, Sustainable Infrastructure and an Equitable Clean Energy Future' https://joebiden com/clean-energy/ accessed 27 March 2021 [Extracted from the article] Copyright of Journal of Energy & Natural Resources Law is the property of Taylor & Francis Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission However, users may print, download, or email articles for individual use This abstract may be abridged No warranty is given about the accuracy of the copy Users should refer to the original published version of the material for the full abstract (Copyright applies to all Abstracts )
16 I Ibid I 17欧洲专利局和国际能源署(n 13)， 2 18 I Ibid I, 3 19国际能源署，“电池和电力存储的创新”(n 3) 20国际能源署，“电池和电力存储的创新”，(2020年9月)https://www IEA org/reports/innova-inbatteres-and-electricity - Storage访问2021年4月13日能源存储技术的开发和部署的快速增长，长期以来被描述为“能源未来的“圣杯”，[1]如果世界有任何机会实现可持续能源和国际气候目标，在未来几年至关重要27 I同上I 28 Ewa Krukowska，“欧盟电池雄心获得11亿美元的研究推动”I彭博法律I(2021年3月12日)29“拜登计划建立一个现代，《可持续基础设施和公平的清洁能源未来》网址:https://joebiden / Clean -energy/访问日期:2021年3月27日[文章摘自]《能源与自然资源法杂志》版权归Taylor & Francis有限公司所有，未经版权所有者明确书面许可，其内容不得复制、通过电子邮件发送到多个网站或发布到listserv。本摘要可能被删节，不保证副本的准确性，用户应参考材料的原始出版版本(版权适用于所有摘要)
{"title":"Developing and deploying energy storage technologies: a ‘holy grail’ effort on which the world cannot afford to fail","authors":"Don C. Smith","doi":"10.1080/02646811.2021.1911097","DOIUrl":"https://doi.org/10.1080/02646811.2021.1911097","url":null,"abstract":"16 I Ibid i 17 European Patent Office and IEA (n 13), 2 18 I Ibid i , 3 19 IEA, \"A Rapid Rise in Battery Innovation\" (n 3) 20 IEA, \"Innovation in Batteries and Electricity Storage\", (September 2020) https://www iea org/reports/innovation-in-batteries-and-electricity-storage accessed 13 April 2021 Rapid growth in the development and deployment of energy storage technologies, long described as the '\"holy grail\" of energy's future',[1] is essential in the years ahead if there is any chance of the world meeting sustainable energy and international climate goals 27 I Ibid i 28 Ewa Krukowska, \"EU Battery Ambitions to Get $1 1 Billion Research Boost\" I Bloomberg Law i (12 March 2021) 29 'The Biden Plan to Build a Modern, Sustainable Infrastructure and an Equitable Clean Energy Future' https://joebiden com/clean-energy/ accessed 27 March 2021 [Extracted from the article] Copyright of Journal of Energy & Natural Resources Law is the property of Taylor & Francis Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission However, users may print, download, or email articles for individual use This abstract may be abridged No warranty is given about the accuracy of the copy Users should refer to the original published version of the material for the full abstract (Copyright applies to all Abstracts )","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":"6 1","pages":"131 - 136"},"PeriodicalIF":2.2,"publicationDate":"2021-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74382187","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 : 2021-03-15DOI: 10.1080/02646811.2021.1894006
Tumai Murombo
This paper discusses the prospects of Zimbabwe adopting the Extractive Industries Transparency Initiative (EITI). It evaluates the preconditions – the country’s legal and institutional readiness – while engaging with the benefits of the EITI. Zimbabwe has struggled to maximise the benefits from its mineral resources due to a weak and outdated legal framework that does not sufficiently promote transparency and accountability. It is posited that adopting initiatives like the EITI may be a first step towards ensuring the country benefits from its resources. These challenges are unlikely to be cured by the EITI per se. The current political, economic and legal environment is not ideal given the institutional weaknesses and global political pressures, such as smart sanctions, that make joining the EITI legally sound but politically imprudent. Strong constitutional traditions, effective law enforcement, supportive relationships between government and civil society (civic engagement), and regulation embedded in elements of the EITI standard could have a positive impact.
{"title":"The Extractive Industries Transparency Initiative (EITI) in Zimbabwe: an appraisal of prospects and challenges","authors":"Tumai Murombo","doi":"10.1080/02646811.2021.1894006","DOIUrl":"https://doi.org/10.1080/02646811.2021.1894006","url":null,"abstract":"This paper discusses the prospects of Zimbabwe adopting the Extractive Industries Transparency Initiative (EITI). It evaluates the preconditions – the country’s legal and institutional readiness – while engaging with the benefits of the EITI. Zimbabwe has struggled to maximise the benefits from its mineral resources due to a weak and outdated legal framework that does not sufficiently promote transparency and accountability. It is posited that adopting initiatives like the EITI may be a first step towards ensuring the country benefits from its resources. These challenges are unlikely to be cured by the EITI per se. The current political, economic and legal environment is not ideal given the institutional weaknesses and global political pressures, such as smart sanctions, that make joining the EITI legally sound but politically imprudent. Strong constitutional traditions, effective law enforcement, supportive relationships between government and civil society (civic engagement), and regulation embedded in elements of the EITI standard could have a positive impact.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":"3 1","pages":"133 - 153"},"PeriodicalIF":2.2,"publicationDate":"2021-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84553492","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 : 2021-03-08DOI: 10.1080/02646811.2021.1887676
Cristóbal Carmona Caldera
This article examines whether impact and benefit agreements (IBAs) between industry proponents and indigenous communities, a common standard in natural resource development in Canada, could be a way to fulfil the International Labour Organization (ILO) Convention No. 169 benefit-sharing duty in Latin America, as many suggest. The article begins by analysing and determining the main features of this duty. It also reviews the key components of IBAs against the backdrop of the ILO Convention 169 benefit-sharing duty, concluding that it would be problematic to think of these agreements as ways to fulfil the obligation established in ILO Convention No. 169.
{"title":"Impact and benefit agreements in natural resource development: a way to fulfil the ILO 169 benefit-sharing duty?","authors":"Cristóbal Carmona Caldera","doi":"10.1080/02646811.2021.1887676","DOIUrl":"https://doi.org/10.1080/02646811.2021.1887676","url":null,"abstract":"This article examines whether impact and benefit agreements (IBAs) between industry proponents and indigenous communities, a common standard in natural resource development in Canada, could be a way to fulfil the International Labour Organization (ILO) Convention No. 169 benefit-sharing duty in Latin America, as many suggest. The article begins by analysing and determining the main features of this duty. It also reviews the key components of IBAs against the backdrop of the ILO Convention 169 benefit-sharing duty, concluding that it would be problematic to think of these agreements as ways to fulfil the obligation established in ILO Convention No. 169.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":"207 1","pages":"105 - 131"},"PeriodicalIF":2.2,"publicationDate":"2021-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80480157","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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