This article analyses how the climate performance of forest-based bioenergy is treated under the revised European Union (EU) climate and energy law in the form of the recast Renewable Energy Directive and the new land-use, land-use change and forestry (LULUCF) Regulation on land use and forestry. Forest-based bioenergy exemplifies the troubled relationship between bioenergy, forest management and emissions and removals from the land use and forestry sector. The article focuses on the climate-related legal challenges that arise from the regulatory approach taken to the use of forest-based bioenergy as a widely available renewable raw material for energy production. The article argues that this regulatory approach does not fully consider the underlying climate-related concerns and hence the current approach risk weakening the overall ambition of the EU’s legislative approach to the challenge of climate change. This article exposes the ‘blind spots’ in the link between the Renewable Energy Directive and the LULUCF Regulation both to support this argument and to point out the grave challenges related to the current legal approach on bioenergy. forest-based bioenergy, carbon neutrality, climate change, climate law, energy law, the Renewable Energy Directive, the LULUCF Regulation
{"title":"The Bioenergy ‘Blind Spots’ in EU Climate and Energy Law","authors":"Seita Romppanen","doi":"10.54648/eelr2020038","DOIUrl":"https://doi.org/10.54648/eelr2020038","url":null,"abstract":"This article analyses how the climate performance of forest-based bioenergy is treated under the revised European Union (EU) climate and energy law in the form of the recast Renewable Energy Directive and the new land-use, land-use change and forestry (LULUCF) Regulation on land use and forestry. Forest-based bioenergy exemplifies the troubled relationship between bioenergy, forest management and emissions and removals from the land use and forestry sector. The article focuses on the climate-related legal challenges that arise from the regulatory approach taken to the use of forest-based bioenergy as a widely available renewable raw material for energy production. The article argues that this regulatory approach does not fully consider the underlying climate-related concerns and hence the current approach risk weakening the overall ambition of the EU’s legislative approach to the challenge of climate change. This article exposes the ‘blind spots’ in the link between the Renewable Energy Directive and the LULUCF Regulation both to support this argument and to point out the grave challenges related to the current legal approach on bioenergy.\u0000forest-based bioenergy, carbon neutrality, climate change, climate law, energy law, the Renewable Energy Directive, the LULUCF Regulation","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41696687","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Books Review: Too Hot to Handle? The Democratic Challenge of Climate Change, Rebecca Willis. 1st ed. UK: Bristol University Press. 1 May 2020","authors":"E. Tipton","doi":"10.54648/eelr2020039","DOIUrl":"https://doi.org/10.54648/eelr2020039","url":null,"abstract":"","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42458077","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Books for Review","authors":"Karen E. Makuch","doi":"10.54648/eelr2020040","DOIUrl":"https://doi.org/10.54648/eelr2020040","url":null,"abstract":"","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45539612","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The conducted research shows that the EU-27 and the UK have a varied approach to electric scooters when it comes to law: some see them as means of micro-transportation or personal transport, others define them exclusively in their legislation (in a direct manner). In some countries electric scooters are not defined in legislation but other rules apply (e.g. rules on bicycles). Electric scooters’ users are qualified either as pedestrians using scooters, drivers, or cyclists. The limit of 20 – 25 km/h of speed is a general benchmark. The rules on the access to pavement, pedestrian zones, and pedestrian crossings vary among the Member States (some allow it, providing speed limits; others offer only the possibility of accessing bike paths or public roads). National legislation also provides some other requirements, such as age limits for electric scooter users when riding on a road or wearing protective equipment (e.g. helmet or safety vest). The research also proves that the majority of Member States do not provide any special rules on driving licences or insurance (generally not required when using electric scooters). Finally, the article addresses a seemingly basic legal European framework on electric scooters and a possible harmonization by adopting the Micromobility Directive. electric transport, electric scooters, micromobility, micro-transportation, Micromobility Directive
{"title":"Laws and Policies on Electric Scooters in the European Union: A Ride to the Micromobility Directive?","authors":"Maciej M. Sokolowski","doi":"10.54648/eelr2020036","DOIUrl":"https://doi.org/10.54648/eelr2020036","url":null,"abstract":"The conducted research shows that the EU-27 and the UK have a varied approach to electric scooters when it comes to law: some see them as means of micro-transportation or personal transport, others define them exclusively in their legislation (in a direct manner). In some countries electric scooters are not defined in legislation but other rules apply (e.g. rules on bicycles). Electric scooters’ users are qualified either as pedestrians using scooters, drivers, or cyclists. The limit of 20 – 25 km/h of speed is a general benchmark. The rules on the access to pavement, pedestrian zones, and pedestrian crossings vary among the Member States (some allow it, providing speed limits; others offer only the possibility of accessing bike paths or public roads). National legislation also provides some other requirements, such as age limits for electric scooter users when riding on a road or wearing protective equipment (e.g. helmet or safety vest). The research also proves that the majority of Member States do not provide any special rules on driving licences or insurance (generally not required when using electric scooters). Finally, the article addresses a seemingly basic legal European framework on electric scooters and a possible harmonization by adopting the Micromobility Directive.\u0000electric transport, electric scooters, micromobility, micro-transportation, Micromobility Directive","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41661658","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Due to unprecedented fires and rise in temperature climate change is occurring rapidly, melting the Arctic ice and uncovering new areas for expropriation of natural resources. Such expropriation needs to occur in a sustainable way, respecting the environment and the indigenous people. To achieve this, all inherent risks arising from any environmental threat (oil spill/any type of environmental accident, cyber risks of any nature) to oil and gas installations need be identified and environmental liability and cyber-risks insurance coverage need be in place. This article discusses the way for such insurance coverage to be placed and worded. It argues that the traditional (marine and other) property insurance policies coverage and wording is inefficient, as it ends up being fragmented due to the numerous policy exclusions and limitations; it also puts forward an argument for the need to have specific wording and cover for specialized risks, in relation to the operation of oil and gas installations in the Arctic and cyber-risk threats, taking into account potential environmental impacts and hazards. This article also argues that for the time being, as businesses and governments including those of the EU and the Member States become increasingly reliant on technology, it is imperative that additional cyber-related risks are identified and minimized or transferred externally. Finally, it offers some suggestions about cybersecurity policies covering specialized risks. Sustainability, Arctic, Cybersecurity, Environmental pollution, Environmental pollution liability, Offshore oil and gas
{"title":"On Modern Threats to Environmental Sustainability in the Arctic: The Cybersecurity Factor and the Provisions of Insurance Against Environmental and Cyber Risks in Oil and Gas Installations","authors":"K. Noussia","doi":"10.54648/eelr2020035","DOIUrl":"https://doi.org/10.54648/eelr2020035","url":null,"abstract":"Due to unprecedented fires and rise in temperature climate change is occurring rapidly, melting the Arctic ice and uncovering new areas for expropriation of natural resources. Such expropriation needs to occur in a sustainable way, respecting the environment and the indigenous people. To achieve this, all inherent risks arising from any environmental threat (oil spill/any type of environmental accident, cyber risks of any nature) to oil and gas installations need be identified and environmental liability and cyber-risks insurance coverage need be in place. This article discusses the way for such insurance coverage to be placed and worded. It argues that the traditional (marine and other) property insurance policies coverage and wording is inefficient, as it ends up being fragmented due to the numerous policy exclusions and limitations; it also puts forward an argument for the need to have specific wording and cover for specialized risks, in relation to the operation of oil and gas installations in the Arctic and cyber-risk threats, taking into account potential environmental impacts and hazards. This article also argues that for the time being, as businesses and governments including those of the EU and the Member States become increasingly reliant on technology, it is imperative that additional cyber-related risks are identified and minimized or transferred externally. Finally, it offers some suggestions about cybersecurity policies covering specialized risks.\u0000Sustainability, Arctic, Cybersecurity, Environmental pollution, Environmental pollution liability, Offshore oil and gas","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47713117","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Given the high pace of acceleration with which climate change is occurring, the unprecedented amount of floods and fires and the extremely high temperatures of the last years, new habitable and exploitable areas are bound to increase as a result of the extremely rapid ice melting in the Arctic. These areas will allow the exploration of natural resources and the use of new navigation routes in shipping. The Arctic region is rich in natural resources, but, at the same time, faces challenges due to its sparse population, limited logistical networks, and fragile environmental conditions; hence, any future sustainable growth and development in it should address the need to build sustainable infrastructure and explore and expropriate the natural resources sustainably, in an effort to achieve transformation towards an inclusive green economy that respects the indigenous peoples and their communities and lifestyle. This article not only synthesizes the existing literature on the topic of the impact of climate change on the Arctic, but also discusses and analyses the ways in which any exploration and exploitation of natural resources and any increased shipping activity in the Arctic should take place, in the light of the impact of climate change. By bringing together different literatures – on the Arctic exploration, legal regulation and Arctic shipping – not usually considered together, it analyses and discusses the multiple social and environmental effects of climate change in the region and its indigenous populations, and, finally, proposes policy options and legislative and other measures so as to best meet the various challenges imposed. climate change, sustainable development, Arctic oil and gas, Arctic shipping, environmental protection, Arctic
{"title":"On Modern Threats to Environmental Sustainability in the Arctic: The Climate Change Factor","authors":"K. Noussia","doi":"10.54648/eelr2020033","DOIUrl":"https://doi.org/10.54648/eelr2020033","url":null,"abstract":"Given the high pace of acceleration with which climate change is occurring, the unprecedented amount of floods and fires and the extremely high temperatures of the last years, new habitable and exploitable areas are bound to increase as a result of the extremely rapid ice melting in the Arctic. These areas will allow the exploration of natural resources and the use of new navigation routes in shipping. The Arctic region is rich in natural resources, but, at the same time, faces challenges due to its sparse population, limited logistical networks, and fragile environmental conditions; hence, any future sustainable growth and development in it should address the need to build sustainable infrastructure and explore and expropriate the natural resources sustainably, in an effort to achieve transformation towards an inclusive green economy that respects the indigenous peoples and their communities and lifestyle. This article not only synthesizes the existing literature on the topic of the impact of climate change on the Arctic, but also discusses and analyses the ways in which any exploration and exploitation of natural resources and any increased shipping activity in the Arctic should take place, in the light of the impact of climate change. By bringing together different literatures – on the Arctic exploration, legal regulation and Arctic shipping – not usually considered together, it analyses and discusses the multiple social and environmental effects of climate change in the region and its indigenous populations, and, finally, proposes policy options and legislative and other measures so as to best meet the various challenges imposed.\u0000climate change, sustainable development, Arctic oil and gas, Arctic shipping, environmental protection, Arctic","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41324929","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Supreme Court’s ruling in the Urgenda climate case requires that the Netherlands government step up the fight against climate change to reduce CO2 emissions by the end of 2020 by 25% (relative to 1990). Urgent action against ‘dangerous climate change’ was deemed scientifically necessary to safeguard the right to life of Netherlands residents. Upon close analysis, however, this revolutionary judgment appears to be based on uncritical examination of the factual evidence presented by Urgenda, judicial misappropriation of legislative power, expansive interpretations of the applicable law, careless or incomplete reasoning, and intentional omissions. Due to these deficiencies, the court’s ruling will have serious consequences for future policy-making in The Netherlands and the liability exposure of companies in relation to climate change. This article analyses the judgment and discusses its implications. climate change litigation, public interest litigation, value judgments, scientism, right to life, right to a safe climate, partial responsibility, proportional causation, separation of powers, political question doctrine
{"title":"The Dutch Supreme Court’s Climate Judgment: Its Consequences and Implications for Business – Revolution Through Litigation","authors":"L. Bergkamp","doi":"10.54648/eelr2020032","DOIUrl":"https://doi.org/10.54648/eelr2020032","url":null,"abstract":"The Supreme Court’s ruling in the Urgenda climate case requires that the Netherlands government step up the fight against climate change to reduce CO2 emissions by the end of 2020 by 25% (relative to 1990). Urgent action against ‘dangerous climate change’ was deemed scientifically necessary to safeguard the right to life of Netherlands residents. Upon close analysis, however, this revolutionary judgment appears to be based on uncritical examination of the factual evidence presented by Urgenda, judicial misappropriation of legislative power, expansive interpretations of the applicable law, careless or incomplete reasoning, and intentional omissions. Due to these deficiencies, the court’s ruling will have serious consequences for future policy-making in The Netherlands and the liability exposure of companies in relation to climate change. This article analyses the judgment and discusses its implications. climate change litigation, public interest litigation, value judgments, scientism, right to life, right to a safe climate, partial responsibility, proportional causation, separation of powers, political question doctrine","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47679754","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Books for Review","authors":"Karen E. Makuch","doi":"10.54648/eelr2020034","DOIUrl":"https://doi.org/10.54648/eelr2020034","url":null,"abstract":"","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48723127","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Books for Review","authors":"Karen E. Makuch","doi":"10.54648/eelr2020008","DOIUrl":"https://doi.org/10.54648/eelr2020008","url":null,"abstract":"","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43172028","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article evaluates the modern doctrine of territorial sea administration. The article views the administration of coastal state as an application and enforcement of UNCLOS based regimes of maritime zones. The article examines the legal regulation of the territorial sea. It also studies the process of overlapping and interaction between different administrative and legal regulations applicable to a given maritime zone. The features of such regulation are pointed out based upon the combination and mutual influence of international, EU and national law. Ukraine’s experience in administering the territorial sea after the illegal annexation of Crimea is studied. The pros and cons of EU concept of Maritime spatial planning with respect to the demands of protection and security are revealed in the context of hybrid conflicts. public administration, territorial sea, maritime zone, coastal state jurisdiction, marine environment, Ukraine
{"title":"The Ukrainian Public Administration of Territorial Seas: A European Example","authors":"Borys Kormych, T. Averochkina, V. Gaverskyi","doi":"10.54648/eelr2020004","DOIUrl":"https://doi.org/10.54648/eelr2020004","url":null,"abstract":"The article evaluates the modern doctrine of territorial sea administration. The article views the administration of coastal state as an application and enforcement of UNCLOS based regimes of maritime zones. The article examines the legal regulation of the territorial sea. It also studies the process of overlapping and interaction between different administrative and legal regulations applicable to a given maritime zone. The features of such regulation are pointed out based upon the combination and mutual influence of international, EU and national law. Ukraine’s experience in administering the territorial sea after the illegal annexation of Crimea is studied. The pros and cons of EU concept of Maritime spatial planning with respect to the demands of protection and security are revealed in the context of hybrid conflicts.\u0000public administration, territorial sea, maritime zone, coastal state jurisdiction, marine environment, Ukraine","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47946130","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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