Energy Law & Policy eJournal最新文献

{"title":"The Economics of Renewable Energy Support","authors":"J. Abrell, S. Rausch, Clemens Streitberger","doi":"10.2139/ssrn.3313582","DOIUrl":"https://doi.org/10.2139/ssrn.3313582","url":null,"abstract":"This paper uses theoretical and numerical economic equilibrium models to examine optimal renewable energy (RE) support policies for wind and solar resources in the presence of a carbon externality associated with the use of fossil fuels. We emphasize three main issues for policy design: the heterogeneity of intermittent natural resources, budget-neutral financing rules, and incentives for carbon mitigation. We find that differentiated subsidies for wind and solar, while being optimal, only yield negligible efficiency gains. Policies with smart financing of RE subsidies which either relax budget neutrality or use “polluter-pays-the-price” financing in the context of budget-neutral schemes can, however, approximate socially optimal outcomes. Our analysis suggests that optimally designed RE support policies do not necessarily have to be viewed as a costly second-best option when carbon pricing is unavailable.","PeriodicalId":388507,"journal":{"name":"Energy Law & Policy eJournal","volume":"2012 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130267648","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":"The Economic Dynamics of Local Content in the Extractives Industry and an Analysis of Kenya's Local Content Bill of 2016","authors":"Edwin Kimani, A. Mutsotso","doi":"10.2139/ssrn.3135079","DOIUrl":"https://doi.org/10.2139/ssrn.3135079","url":null,"abstract":"East Africa rests on a new global focus that is attributable to the confirmation of the commercial viability of recent discoveries of oil, gas and minerals. With the new discoveries, and lessons learnt from other extractives economies around the world, Kenya is taking steps to protect its environment, promote the use of local content and catalyze technology and knowledge transfer. This in turn is expected will create wealth and a knowledge pool in the country thus enabling it to export not only extractives products but expertise too. This in turn is expected to steer the country away from the grips of the resource curse. This study defines local content in the extractives context, highlights the arguments for and against local content, shows the economic asymmetries that are intended to be cured by local content regulations as experienced in the African extractives industry, analyses the Kenya local content bill in light of the asymmetries and does a comparative study with other local content regulations in Africa. This study, through a desktop research and analysis, also analyses whether the local content bill of Kenya, as it is presented, addresses the asymmetries and questions its necessity in light of the magnitude of the natural resources discoveries in the extractives sector.","PeriodicalId":388507,"journal":{"name":"Energy Law & Policy eJournal","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115966398","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":"Investing in Energy Justice; Modes of Legal Energy Governance, Especially of Energy Community Initiatives.","authors":"M. Heldeweg","doi":"10.2139/SSRN.3198157","DOIUrl":"https://doi.org/10.2139/SSRN.3198157","url":null,"abstract":"This contribution departs from the question if there is right of access to sustainable energy. It places the idea of such a right in the context of the energy trilemma and sustainable development goals. With this placing comes the understanding of the right of access as a social/programmatic right, and the need to consider the different institutional legal environments in which it may be relevant and should be able to have its normative impact. In terms of the concept of energy justice (of recognition, procedure and substance), different institutional environments support different conceptualizations of justice and with that different interpretations and specifications of the right of access to sustainable energy. The contribution offers a focus on institutional governance settings regarding community energy initiatives as a mode of securing such right of access, correlating with the institutional setting in which such initiatives are regulated. This correlation connects institutional environments to justice conceptualisations, and to policy framing in terms of democratization of renewable energy provision.","PeriodicalId":388507,"journal":{"name":"Energy Law & Policy eJournal","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128290620","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":"Oil and Gas Problems in Nigeria; The Impending Problems and the Preferable Solutions","authors":"Temitayo Bello","doi":"10.2139/SSRN.3072236","DOIUrl":"https://doi.org/10.2139/SSRN.3072236","url":null,"abstract":"Nigeria has been very active in the exploitation and exploration of oil and gas. It has been the major source of revenue which has contributed over 90% on yearly basis. There is no doubt that the Nigerian oil and gas industry is plagued with many impending problems. This article examines the crux of problems confronting the oil and gas industry as well as proffering reasonable solution. The problems among others include volatility of oil prices, obsolete laws and regulation, pipeline vandalism, corruption and lack of government funding. The article established that innermost players are responsible for plethora problems affecting the industry which are government owned agencies which are deeply involved in the malaise. The Global market externalities and external forces are not left out. The article recommends that oil and gas industry requires a surgical operation and there must be holistic approach in order for the industry to attain the global standard.","PeriodicalId":388507,"journal":{"name":"Energy Law & Policy eJournal","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131026116","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":"Pipeline Vandalism Shockwaves: An Emerging Threat to Nigerian Economy","authors":"Temitayo Bello","doi":"10.2139/ssrn.3067900","DOIUrl":"https://doi.org/10.2139/ssrn.3067900","url":null,"abstract":"Nigerian economy is majorly based on mono-economy. The exploration and production of Oil and Gas in Nigeria has contributed immensely to the economic prowess of the country. This article examined the volatility of pipeline vandalism and its destructive nature to the economy. The article revealed that numerous pipelines were vandalized which led to loss of revenue, resources and environmental degradation. The article further stated that petroleum industry has become a source of economic endowment to the country, however the incessant cases of environmental degradation and pollution has resulted in a series of pipeline vandalism which has become a terrible menace in the country. The article established that if care is not taken the actions of the vandals will wreck Nigeria’s economy. Hence, government should make provisions for technological surveillance which will make pipeline vandalization impossible.","PeriodicalId":388507,"journal":{"name":"Energy Law & Policy eJournal","volume":"230 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114487121","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":"Integration through Self-Standing European Private Law: Insights from the Internal Point of View to Harmonization in Energy Market","authors":"Lucila De Almeida","doi":"10.2139/ssrn.3049221","DOIUrl":"https://doi.org/10.2139/ssrn.3049221","url":null,"abstract":"This thesis analyses the impact of the European Integration Project on private law. While the impact of EU law on private law throughout negative integration created European Private Meta-law, and throughout positive integration evolved to European Private law, this thesis claims that EU law has recently moved a step further in regulated markets by creating selfstanding European Private law. Self-standing European Private law is a normative system of rules at supranational level in which its semantically rigid legal norms suggests the intrusion of EU law into the private order of contractual parties with minor divergences within and among national legal systems. This analytical model explains the legal phenomenon of intrusion and substitution, which is different than the phenomenon of divergence, what has so far been the main focus of legal scholars in comparative private law and approaches to Harmonization. To define and identify self-standing European private law, this thesis proposes a systematic understanding of EU law from what H.L.A. Hart conceptualizes as the Internal Point of View. It contextualizes the private law dimension of EU energy law through a discussion of primary and secondary rules and, most importantly, the linguistic framework of analytic philosophy. In so doing, this thesis claims the constitutive element of self-standing European Private law takes shapes when EU law, through governance modes of lawmaking and enforcement at the EU level, creates a set of mandatory rules applied to private relationships, of which the semantic texture of its language leaves minor space for divergent interpretation and implementation by legal official and market actors. To prove the emergence of a self-standing European Private Law, EU energy Law is the blueprint to test the claim. The thesis pursues a socio-legal investigation on how the private law dimension of EU energy law has changed over three decades of market integration and affected two key market transactions in energy markets: transmission service contracts in electricity, and natural gas supply contracts.","PeriodicalId":388507,"journal":{"name":"Energy Law & Policy eJournal","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115782711","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":"Energy Security and Regional Power Sector Cooperation in the Greater Mekong Sub-Region: Past Developments and Near-Term Challenges","authors":"Daniel del Barrio-Alvarez, H. Horii","doi":"10.18003/AJPA.20174","DOIUrl":"https://doi.org/10.18003/AJPA.20174","url":null,"abstract":"Energy security is a key objective for any modern society. While the concept has traditionally implied security of supply, it should include economic, technological, environmental, social and cultural, and military/security dimensions as well. In this context, grid interconnectivity potentially has a positive impact on energy security. Nevertheless, several barriers constrain the development and deepening of regional power agreements. Among all, lack of political will is commonly highlighted. The Greater Mekong Subregion (GMS) has shown the largest progress of regional power trade in Southeast Asia. Even tough, it is also currently facing challenges to move forward the program. This paper reconstructs the development process of the program in order to better understand how the political will was formed or created and what is currently blocking it. Doing so, it identifies four moments when that was needed. Three of them successfully overcome, and one remaining as a challenge for the near-term future. In total eight critical factors are considered to be behind. Based on them, and the understanding of the current situation, recommendations for the near-term are also proposed.","PeriodicalId":388507,"journal":{"name":"Energy Law & Policy eJournal","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127629157","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":"The Rule of Law and the Division of Labour between National and International Law: The Case of International Energy Relations","authors":"S. Schill","doi":"10.5040/9781474202879.ch-016","DOIUrl":"https://doi.org/10.5040/9781474202879.ch-016","url":null,"abstract":"Parallel to the view that national and international law are two separate legal orders, the concept of the rule of law is often separated into a national and an international rule of law. Since the content of both can differ, this can lead to a confrontational perspective which ultimately asks which legal order ― national or international ― is supreme. Taking the regulation of international energy markets as an example, the paper shows that such a perspective faces fundamental conceptual difficulties as the separation between national and international law and between national and international public authority becomes increasingly blurred. Indeed, many phenomena of today’s globalised world, including international energy markets, are governed through a combination of both national and international law, with national and international actors and instruments engaged in a ‘division of labour’ in exercising governance functions and interacting with each other through different ‘interfaces’. In this context, neither a purely national, nor a purely international understanding of the rule of law can be supreme. Instead, national law and national authorities must be receptive to international law’s normative demands, including its idea of the rule of law, just as international law and international institutions need to accommodate demands stemming from national laws and their understandings of the rule of law. Ultimately, this should lead to the development of an overarching concept of the global rule of law as a vision to legally frame and bind the exercise of public authority in global governance.","PeriodicalId":388507,"journal":{"name":"Energy Law & Policy eJournal","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114341601","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":"Developing Renewable Energy Credits as Cryptocurrency on Ethereum's Blockchain","authors":"Robert R. Leonhard","doi":"10.2139/SSRN.2885335","DOIUrl":"https://doi.org/10.2139/SSRN.2885335","url":null,"abstract":"The blockchain technology has the potential to revolutionize the legal and financial industries. With the development of Ethereum, blockchain technology can be inexpensively implemented as an efficient way to create, transfer, and authenticate Renewable Energy Credits in order to avoid waste, fraud, and abuse. Once Ethereum is fully tested, it — or similar technology — should replace other methods of REC issuance, including the need for a third-party certifier.","PeriodicalId":388507,"journal":{"name":"Energy Law & Policy eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133301530","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":"The Elsam Saga – Danish Court Ruling on Excessive Pricing in Relation to the Delivery of Electricity (ELSAM III)","authors":"C. Bergqvist, Laurits Schmidt Christensen","doi":"10.2139/ssrn.2856328","DOIUrl":"https://doi.org/10.2139/ssrn.2856328","url":null,"abstract":"In an August 2016 ruling the Danish Maritime and Commercial High Court (So- & Handelsretten) confirmed that the Danish energy incumbent DONG Energy A/S (“DONG”) had infringed Article 102 and the Danish equivalent by charging excessive prices for the delivery of electricity in 2005-06. The judgment pertained to a 2007 decision by the Danish Competition and Consumer Authority (“DCCA”) which had subsequently been challenged by DONG on the basis that DONG was neither dominant nor had acted abusively. In DONG’s view it was merely supplying electricity at market prices and in accordance with commitments agreed with the DCCA in 2003. The case is the first of three inter-related abuse of dominance cases pending before the Danish courts regarding the Danish energy incumbent and its alleged abusive pricing of electricity. The judgment was almost instantly appealed. This comes at little surprise as another of the three cases involves claims for compensation now totaling approximately DKK 8 billion (EURO 1.07 billion). In the light of the magnitude of this compensation claim the legal fees and costs of challenging the underlying abuse cases would appear negligible. The August 2016 ruling is therefore only the first round of a legal battle that is expected to continue for the next couple of years. The case offers an interesting insight into how and how not to apply Article 102 to excessive pricing of electricity, as the DCCA 2007 decision sets out a number of principles in relation to the appropriate legal standards, costs and profits which were all reviewed by the court.","PeriodicalId":388507,"journal":{"name":"Energy Law & Policy eJournal","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125803797","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}