{"title":"On the environmental civil public interest litigation system for the protection of the climate in China: Comments on two cases from a pragmatism perspective","authors":"Fengliang Jin","doi":"10.1093/JWELB/JWAB006","DOIUrl":"https://doi.org/10.1093/JWELB/JWAB006","url":null,"abstract":"\u0000 This article examines and analyses the environmental civil public interest litigation system in the protection of climate change in China through two cases, the All-China Environment Protection Federation v Zhenhua Co, Ltd for air pollution and Friends of Nature v State Grid Gansu Electric Power Corporation for full-purchase of all on-grid power produced by renewable energy.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132358753","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":"Black swans, dragon kings and the uncertainty in international nuclear law","authors":"J. Handrlica","doi":"10.1093/JWELB/JWAB002","DOIUrl":"https://doi.org/10.1093/JWELB/JWAB002","url":null,"abstract":"\u0000 Black swans and dragon kings both represent metaphors for extremely large adverse events with tremendous impact on society and industry. However, while dragon kings refer to those harmful events, which are predictable to some degree, black swans are a surprise because the consequence of them far exceeds what anyone had previously estimated, even using sophisticated risk analysis of low probability events. Nuclear accidents in Chernobyl and Fukushima represent salient examples of black swans. This article aims to address how international nuclear law copes with dragon kings and how black swans may impact existing legal framework on peaceful uses of nuclear energy worldwide.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"47 7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126684403","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":"Rafael Leal-Arcas et al, The Great Energy Transition in the European Union","authors":"Peng Wang","doi":"10.1093/jwelb/jwaa041","DOIUrl":"https://doi.org/10.1093/jwelb/jwaa041","url":null,"abstract":"","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127961333","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":"Setting Operator overhead charges in joint ventures: benchmarking legal agreements","authors":"L. D'costa","doi":"10.1093/jwelb/jwaa034","DOIUrl":"https://doi.org/10.1093/jwelb/jwaa034","url":null,"abstract":"\u0000 Operators of extractive joint ventures are typically reimbursed for their costs incurred on a ‘no gain, no loss’ basis. Some costs can be directly attributed, but many corporate overhead charges are indirect and recovered through a negotiated overhead charge. These overhead charges are a recurring source of audit disputes, and can escalate to a point of delaying the approval of proposed budgets. Recent benchmarking of contractual language related to overhead charges across 76 joint ventures shows wide variety in both median rates as well as allowable costs included in overhead. Analysis also identified certain gaps in contractual agreements that likely give rise to overhead-related disputes, which leads to three ways for co-venturers to rethink their approach to setting, modifying, and auditing overhead charges – with an eye towards reducing the incidence of frictions and dispute.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117143042","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":"Chronicle of international repositories foretold: a survey in the future of nuclear liability law","authors":"J. Handrlica","doi":"10.1093/jwelb/jwaa032","DOIUrl":"https://doi.org/10.1093/jwelb/jwaa032","url":null,"abstract":"\u0000 International repositories, which will be operated in underground geological structures and where spent nuclear fuel originating from several states will be disposed, have been discussed as an option to construction of national underground repositories for several decades. Such international repositories manifest several advantages as compared with exclusive national repositories. Fact is, that despite obvious benefits, that may establishment of international repositories imply for smaller states, these installations will also represent a considerable source of risk, as dangerous substances will be deposited in them for hundreds of years. Consequently, prospective construction of international repositories in the future must be accompanied by existence of an effective regime of liability for damages, that may potentially occur. This article aims to address the question, if the currently existing international framework is capable to cover risks arising from operation of prospective international repositories, or if a new legal framework is to be established in this regard.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117336539","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":"Thane Gustafson, The Bridge: Natural Gas in a Redivided Europe","authors":"Xiaoguang Wang","doi":"10.1093/jwelb/jwaa038","DOIUrl":"https://doi.org/10.1093/jwelb/jwaa038","url":null,"abstract":"","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129889809","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 2014 AIPN UROA Model Contract as a master contract for unconventional deals in Argentina","authors":"Ignacio Payarola","doi":"10.1093/jwelb/jwaa027","DOIUrl":"https://doi.org/10.1093/jwelb/jwaa027","url":null,"abstract":"\u0000 This article provides an overview of the hydrocarbons and environmental regulatory framework in Argentina and a legal analysis of the 2014 Association of International Petroleum Negotiators UROA’s adaptability to the oil and gas activities at the upstream level in such country, with special focus on the Vaca Muerta basin.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130729562","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":"Climate Change Litigation and the European Court of Human Rights - A Strategic Next Step?","authors":"Therese Karlsson Niska","doi":"10.1093/jwelb/jwaa028","DOIUrl":"https://doi.org/10.1093/jwelb/jwaa028","url":null,"abstract":"\u0000 The purpose of the article is to analyse if bringing a case before the European Court of Human Rights (ECtHR) could be impactful in forcing greater climate change action. Part of this analysis is built upon the review of two climate change cases brought before national courts, since they have different outcomes even though both use the fundamental human rights of the European Convention on Human Rights (ECHR) as their legal bases. The cases are the Urgenda Foundation v. Kingdom of the Netherlands and the Union of Swiss Senior Women for Climate Protection v. Swiss Federal Council and Others. The Urgenda case establishes a link between the rights in article 2 and 8 ECHR, and climate change, which creates a positive obligation for a state to protect these rights by acting to combat climate change. The Swiss Climate Protection case, however, is dismissed. Both cases highlight some of the challenges regarding climate change in relation to the fundamental human rights of the ECHR.\u0000 Judgments by the ECtHR are final, and the formally and informally binding nature of case law from the court is argued to indicate the possibility of a powerful tool in relation to climate change action since 47 states will be affected by the court’s decisions. However, if a case brought before the ECtHR has an unfavourable outcome in relation to forcing greater governmental action in combating climate change, this may also have greater consequences than such an outcome of a domestic challenge, since it will set a minimum standard of care, or completely exclude climate change in relation to human rights. The article argues that it should be considered worth the identified risks to bring a claim before the ECtHR even though it is uncertain if the evolving nature of the charter is ready to establish obligations in relation to climate change, due to the unprecedented and severe threat that climate change constitutes.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130989899","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":"Digitalization of security in the energy sector: evolution of EU law and policy","authors":"Mikko Rajavuori, K. Huhta","doi":"10.1093/jwelb/jwaa030","DOIUrl":"https://doi.org/10.1093/jwelb/jwaa030","url":null,"abstract":"\u0000 This article analyses the dynamics and implications of the digitalization of security in the energy sector. Based on an evolutionary review of legal and policy instruments, we map the pace and internal dynamics of the digitalization of security in the European Union over the past 15 years. Our analysis reveals substantial changes in the conceptions and dynamics of security in the energy sector. First, we find that digitalization has only recently penetrated into the core of the energy sector’s security paradigm. Secondly, we uncover a significant disconnect in the conceptualization of the risk as against the opportunities associated with digitalization. Thirdly, we identify the growing influence of cross-sectoral instruments in the energy sector. Fourthly, we find that energy security does not feature in the overarching security discourse relating to the use of data-driven technologies in the energy sector. The findings illustrate the difficulties that managers, policymakers and researchers face when trying to keep up with the rapid technological change in the energy transition and the ensuing evolution of the energy sector’s security paradigm.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129015264","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":"OPEC: Still an ‘Instrument of Change’?","authors":"J. Gault, N. Ait-laoussine","doi":"10.1093/jwelb/jwaa029","DOIUrl":"https://doi.org/10.1093/jwelb/jwaa029","url":null,"abstract":"\u0000 The Organization of Petroleum Exporting Countries (OPEC) marks its 60th anniversary in 2020. At the time of OPEC’s 20th anniversary in 1980, the organization could celebrate its role as an “instrument of change” that promoted not only members’ interests but also the interests of broad constituencies, including especially developing countries. OPEC and its members had demonstrated how to overcome the negative economic consequences of colonialism, and sought to extend their success to others through the New International Economic Order adopted by the United Nations in 1974. But from the late 1970s onward, the Organization became focused on internal issues of oil market management and, despite its noble expressions and intentions, was unable to bring about the global changes it sought. Today, on OPEC’s 60th anniversary, the central challenge is no longer how to overcome the colonial economic legacy. Instead, the organization has an opportunity to resume its leadership role by adopting policies that defend not only its own members but also broad constituencies—and especially developing countries—against the consequences of global warming. This article suggests how OPEC could rise to the occasion.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"134 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117303236","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}