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The ecological sustainability of the energy transition in EU law: pro et contra hydropower Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2024-04-18 Dr Kaisa Huhta, Dr Niko Soininen, Dr Seita Vesa
This article explores the trade-offs in the decarbonisation of the energy sector by analysing the legal arguments in favour of and against hydropower in EU law. It contends that the EU regimes in c...
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The Law of Nuclear Energy, 3rd edition Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2024-03-12 Jakub Handrlica
Published in Journal of Energy & Natural Resources Law (Ahead of Print, 2024)
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Maritime boundaries in the energy transition: carbon dioxide (CO2) storage across maritime jurisdictions Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2024-02-26 Constantinos Yiallourides, Tina Soliman-Hunter
Governments around the world are looking to ensure their transition to full low-carbon economies whilst tackling climate change by implementing offshore carbon capture and storage (CCS) – a method ...
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Maximising Economic Recovery – A New Approach to Regulating the UK’s Offshore Oil and Gas Industry Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2024-02-20 Sam Dunkley
Published in Journal of Energy & Natural Resources Law (Ahead of Print, 2024)
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The socio-economic rights of the Aymara and Quechua peoples of Bolivia, the lithium industry, and the geopolitics of natural resources Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2024-01-18 Yuri G Mantilla
This commentary focuses on the importance of recognising the rights of the Aymara and Quechua peoples to benefit from the lithium industry. It analyses the sources of international law and Bolivian...
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The law enabling voluntary energy transition: lessons learned from Korea’s legal framework Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2024-01-08 Dongwook Chun, Tae Jung Park
Energy transition is a national agenda, prioritised in many countries, to ensure public safety and achieve climate goals. Although enacting laws is a critical means of realising energy transition p...
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Short Circuiting Policy: Interest Groups and the Battle over Clean Energy and Climate Policy in the American States Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2024-01-05 Gilbert Michaud
Published in Journal of Energy & Natural Resources Law (Ahead of Print, 2024)
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Brexit and Energy Law: Implications and Opportunities Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2023-12-14 Peter D Cameron
Published in Journal of Energy & Natural Resources Law (Ahead of Print, 2023)
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Hydrogen production in Australia from renewable energy: no doubt green and clean, but is it mean? Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2023-11-29 Tina Soliman Hunter, Kerryn Brent, Alex Wawryk, Jordie Pettit, Nate Camatta
The energy transition necessitates hydrogen generation to meet current energy needs. Low-carbon hydrogen (green hydrogen from renewable energy, and blue hydrogen from gas with CO2 removal and stora...
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An Environmental Court in Action: Function, Doctrine and Process Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2023-11-23 Linda Yanti Sulistiawati
Published in Journal of Energy & Natural Resources Law (Ahead of Print, 2023)
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Held v Montana: the beginning of a climate change lawsuit trend in US state level courts or a one-shot wonder? Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2023-11-07 Don C Smith
Published in Journal of Energy & Natural Resources Law (Vol. 41, No. 4, 2023)
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Energy justice – the triumvirate of tenets revisited and revised Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2023-09-29 Raphael J. Heffron
It has been over a decade since the article that kickstarted energy justice research was published in 2012. It focused on the ‘triumvirate of tenets’ of justice, which were distributive, procedural...
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Exploring regulatory strategies for accelerating the development of sustainable hydrogen markets in the European Union Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2023-09-29 Max Baumgart, Saskia Lavrijssen
The development of sustainable hydrogen markets will play a vital role to achieve energy sovereignty and climate neutrality by 2050. The article analyses what tools and methods are available to con...
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Increased financial regulation in the European Union for energy firms extensively active in energy derivatives markets? Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2023-09-29 Randy Priem
Because of the excessive prices and volatility in the energy derivatives markets over the period 2021–2023, margins increased considerably, leading major European energy companies to experience liq...
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Australian resources law and public policy, revisited Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2023-09-07 Michael Crommelin
This commentary reflects upon the constitutional and legal foundations of management of natural resources in Australia. It is a revised version of the 2022 Annual Lecture of the Centre for Resource...
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Can litigation assist in implementing the outcome of the global stocktake? Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2023-09-05 Brian Preston
Rising global temperatures and concentrations of greenhouse gases (GHGs) are reaching record highs. The consequences being reported globally are becoming increasingly severe. At the 26th Conference...
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Brexit and environmental law in England: where are we now? Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2023-09-05 Catherine Ann Caine
Maintaining strong standards of environmental protection was used as arguments by both leave and remain campaigns during the Brexit referendum. Some argued that Brexit would lead to the decimation ...
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Reflection on and construction of the legal regimes of nuclear damage compensation in China: a policy analysis perspective Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2023-08-08 Li Xintong, Yen-Chiang Chang
This paper explores the legal policy of nuclear damage compensation laws. As a specialised sector of nuclear law, the legal regimes on nuclear civil liability aim to provide timely and effective co...
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Reflections on the corporate social responsibility landscape for Canadian mining transnational corporations in the aftermath of Nevsun Resources Ltd v Araya Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2023-08-07 Martin-Joe Ezeudu
This paper explores the corporate social responsibility (CSR) landscape for Canadian mining transnational corporations (TNCs) in the wake of the landmark decision of the Supreme Court of Canada in ...
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Europe’s security of gas supply legislation – a short legal history and latest developments Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2023-08-02 Ruven Fleming, Marie Guérin
The security of Europe’s gas supply has been the subject of much debate. The focus, however, is often on technical or economical considerations. This article is the first to provide a comprehensive...
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Geopolitical realities of the energy transition supply chain: energy security risks and opportunities Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2023-07-28 Don C Smith
Published in Journal of Energy & Natural Resources Law (Vol. 41, No. 3, 2023)
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The energy transition and energy security nexus: an outlook for the United Kingdom Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2023-05-18 Victor C Azubike
The energy transition and achieving net-zero goals were viewed as a straight road – in some quarters. Still, with the realities on the ground, energy security has emerged as another path governments must earnestly consider. The government of the United Kingdom has backed, and committed itself to achieving, a greener and clean-energy society through various policies and laws. However, the Russian–Ukraine
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Energy law for the next generation, towards 2030 to 2050 Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2023-05-02 Raphael J Heffron
An international debate is needed on what energy law is required for society to achieve its energy and climate targets for 2030 and 2050. This editorial and the special issue that follows focus on Energy Law for the Next Generation, Towards 2030 to 2050. Legal scholarship to date has not evolved sufficiently to play its role in the energy transition and in ensuring the effects of climate change are
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Implementing energy justice through a new social contract Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2023-05-02 Raphael J Heffron, Louis De Fontenelle
The relationship between the energy sector and society is one that remains mired in controversy. There are multiple problems such as climate change, environmental impacts, economic and governance issues. With these problems continuing to exist, the energy sector has lacked any fully successful solutions. This conceptual paper calls for implementing the key theoretical perspective of energy justice
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Just energy business needed! How to achieve a just energy transition by engaging energy companies in reaching climate neutrality: (re)conceptualising energy law for energy corporations Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2023-05-02 Maciej M Sokołowski, Madeline Taylor
Public administration and energy regulators provide policy and economic support to achieve climate neutrality; however, the role of key stakeholders in energy transition, such as energy companies, is critical to a just energy transition. Corporate voluntary incentives to guide, support and pressure companies to disclose their climate-related risks are becoming commonplace internationally. Yet, formal
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Finding a needle in a haystack? Identifying degrowth-compatible provisions in EU energy law for a just transition to net-zero by 2050 Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2023-05-02 Romain Mauger
Research shows that relying on a green growth strategy to limit climate change is, at best, a gamble. Degrowth represents a much safer way, relying on a steep reduction in energy and materials consumption, starting with developed countries. Consequently, the concept of degrowth should be implemented within European Union (EU) energy law to reach its net zero target by 2050. This academic article is
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Prospects and challenges of Islamic finance instruments for low-carbon energy transitions: a legal analysis from an energy justice perspective Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2023-05-02 Ridoan Karim
Recently, there has been a discussion of ‘energy justice’ in academic and conceptual settings, with a focus on analysing the term from a policy perspective. Recent studies have investigated how energy justice principles can be incorporated into new energy business models and emphasised the need to implement them into policy decision-making processes. However, there has been no comprehensive study from
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Pathways of scholarship for energy justice and the social contract Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2023-05-02 Raphael J Heffron, Louis De Fontenelle, Chioma Basil, Inigo Del Guayo Castiella, Sufyan Droubi, Mohammad Hazrati, Halima I Hussein, Diane Kraal, Darren McCauley, Alicia Phillips, Emmanuelle Santoire, Xavier Arnauld de Sartre
The energy sector is increasingly out of date and in need of a new direction. There continues to be a myriad of issues emanating from the sector, most notably with climate change, environmental impacts and economic governance. Climate change continues at pace and with the United Nations having already declared there to be a climate emergency. Yet the response of energy sector stakeholders with the
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The European Union facing the abyss: legislative review in the face of the energy crisis, 2022 Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2023-03-16 Javier Arribas Cámara, Vicente Sánchez Jiménez
The European Union has suffered an energy crisis since June 2021 due to cyclical and structural factors, such as the climate crisis, the war in Ukraine and dependence on fossil fuels. EU leaders agreed on a new energy strategy to tackle the crisis and lay the foundations for a sustainable and decarbonised economy. The article aims to analyse energy prices and supply and the measures Europe took in
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Playing with fire: part II Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2023-02-02 Don C Smith
Published in Journal of Energy & Natural Resources Law (Vol. 41, No. 1, 2023)
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Critical reflections on the Juukan Gorge parliamentary inquiry and prospects for industry change Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2023-02-02 Deanna Kemp, Kathryn Kochan, John Burton
In May 2020, when Rio Tinto destroyed ancient rockshelters in Western Australia to expand an iron ore mine, public outcry triggered a parliamentary inquiry. The value and effect of public sector in...
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Regulating the future hydrogen trade in the EU: WTO law considerations Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2023-01-31 Moritz Wüstenberg
The concept for the extensive use of hydrogen as an energy carrier is not new but has regained traction recently. To drive the development of the hydrogen economy, national regulatory frameworks fo...
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The right to a clean, healthy and sustainable environment: how to make it operational and effective Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2023-01-31 Brian J Preston
In the last year, the United Nations General Assembly has adopted, and New York State's Constitution Bill of Rights has been amended to include, a right to a healthy environment. This continues a t...
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EU carbon emission allowances as environmental and financial instruments – is it possible to kill two birds with one stone? Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2023-01-10 Ilona Przybojewska, Michał Pyka
In this paper, the consequences of recognition of carbon emission allowances as financial instruments under the EU financial markets law including Directive 2014/65/EU of 15 May 2014 on markets in ...
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The challenges of sharing data at the intersection of EU data protection and electricity market legislation: lessons from the Netherlands Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2022-12-07 Brenda Espinosa Apráez
This article examines the interplay between the General Data Protection Regulation and the rules for access to consumer data introduced by the Recast Electricity Directive (2019/944). It brings ins...
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Nuclear safety: a global challenge in the context of the war in Ukraine Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2022-12-02 Ye 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
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Local communities and transparency in Indonesian mining legislation Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2022-12-02 Primi Suharmadhi Putri
As Indonesia’s mining industry plays an important role in the national economy and global mineral supply chain, local communities and the environment are increasingly affected by the mining industr...
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Historic climate change legislation becomes law: the United States becomes serious (at least for now) on combatting climate change Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2022-11-10 Don C Smith
Published in Journal of Energy & Natural Resources Law (Vol. 40, No. 4, 2022)
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Defining microgrids: from technology to law Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2022-11-08 Romain 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
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The mining and energy industry in Colombia: a 30-year overview Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2022-10-27 Daniela Aguilar, Milton Fernando 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
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Challenges for Norway in implementing intergenerational equity in its offshore petroleum Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2022-10-13 John AP 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
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A new global energy order? The world contemplates the meaning of the EU's embargo on Russian oil imports Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2022-09-29 Don C. Smith
Published in Journal of Energy & Natural Resources Law (Vol. 40, No. 3, 2022)
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Keeping the lights on: oil and gas development in a low-carbon world Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2022-09-12 Claudia Santos Cruz, Stephanie 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
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Legal issues associated with renewable fuels Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2022-09-06 Sarah AW Fitts, Nuno 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
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‘The future of electricity’: a panel of experts considers what lies ahead in Canada, Colombia, Egypt, Germany, Italy and Japan Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2022-08-31 Carola Antonini, Gabriela Mancero, Donia El-Mazghouny, Giuseppe 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
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Improving environmental and social practices in the mining sector is essential in the transition to renewable energy Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2022-08-25 Kristi Disney Bruckner
Published in Journal of Energy & Natural Resources Law (Vol. 41, No. 3, 2023)
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Promise, obstacles and hope for new nuclear’s role in decarbonisation Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2022-08-25 Donna M 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
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A core concept in natural resources law: the nexus between owner and operator Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2022-07-29 Barry 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
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Regulating radical innovations in the EU electricity markets: time for a robust sandbox Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2022-07-11 Kanerva Sunila, Ari 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
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Artificial intelligence and the Extractive Industries Transparency Initiative as anti-corruption tools for Canadian extractive companies Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2022-07-11 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)
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The Escazú Agreement: public access to environmental information and the goal of a sustainable future Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2022-07-11 Uzuazo 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
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Youth Climate Courts: How You Can Host a Human Rights Trial for People and Planet Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2022-07-06 Judith Preston
Published in Journal of Energy & Natural Resources Law (Vol. 41, No. 1, 2023)
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Environmental information access and management in the Lithium Triangle: is it transparent information? Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2022-05-27 Araceli Clavijo, Walter F Díaz Paz, Mauricio Lorca, Manuel Olivera Andrade, Martín A Iribarnegaray, Ingrid 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
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Playing with fire: military attacks against a civilian nuclear power station Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2022-05-10 Don C Smith
(2022). Playing with fire: military attacks against a civilian nuclear power station. Journal of Energy & Natural Resources Law: Vol. 40, No. 2, pp. 159-164.
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Exercise of ministerial powers under Nigeria’s petroleum industry act Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2022-04-29 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
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Another look at achieving the United Nations Sustainable Development Goals: using extraction projects as a source for financing impact projects? Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2022-04-12 Arent van Wassenaer
A workable definition of a successful project is ‘a project which has achieved its pre-set objectives’. The immediate follow-up question is: which and whose objectives? Traditionally, project objectives are (1) budget, (2) time and (3) quality, also known as the triple constraint or iron triangle. If, however, the objectives were also to include (4) completion and operation of the project to the satisfaction
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Petroleum Resource Management in Africa: Lessons From Ten Years of Oil and Gas Production in Ghana Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2022-04-12 Eduardo G Pereira, Opeyemi Omotuyi
Published in Journal of Energy & Natural Resources Law (Vol. 41, No. 1, 2023)
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US environmental law and policy trends in 2021 and what they might mean for Australia Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2022-03-30 Louise Camenzuli, Julia Green, Alice Johnson
Throughout 2021, the Biden administration has pursued a series of key climate change and environmental justice initiatives. Given that, historically, American environmental law developments have long been acknowledged as influential for Australia, it is expected that the Biden administration’s initiatives will shape the trajectory of Australian climate change and environmental law in the future. This
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Reforming the Energy Charter Treaty for sustainability? Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2022-03-25 Paul V Thiessen
This paper analyses and evaluates the ongoing modernisation process of the Energy Charter Treaty (ECT). The ECT, an international investment agreement in force since 1998, has been subject to international criticism and is therefore currently undergoing a process of modernisation. The EU and its member states have a vital role to play in the process and are currently striving to align the ECT with
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Hydrogen Projects: Legal and Regulatory Challenges and Opportunities Journal of Energy & Natural Resources Law (IF 1.8) Pub Date : 2022-03-24 Xiaohan Gong
Published in Journal of Energy & Natural Resources Law (Vol. 40, No. 4, 2022)