{"title":"China’s energy policies and strategies for climate change and energy security","authors":"H. Deng, P. Farah","doi":"10.1093/jwelb/jwaa018","DOIUrl":"https://doi.org/10.1093/jwelb/jwaa018","url":null,"abstract":"\u0000 National energy security, parallel with the ultimate goal of emissions reductions, is of utmost priority for the Chinese government. In order to comply with the requirements set by the Kyoto Protocol, the Chinese government announced, on 25 November 2009, that 2020’s CO2 emissions would be reduced by 40–45 per cent in accordance with the data collected from 2005. Said goal was met three years ahead of schedule. Even in light of such an accomplishment, however, commentators suggest that the overall nationally determined contributions (NDCs) made by the Parties belonging to the Paris agreement are not enough to reduce global warming by even 2°C.\u0000 This article focuses on the concept of energy security in assessing whether, and how, the priorities related to climate change are gradually changing. After analysing climate change’s impact on China, conducted via an analysis of the study’s available literature and through the support of international data, this article mainly focuses on the concept of energy security, itself. Under the second section, based on the examination of China’s efforts to transition towards a low-carbon economy, the authors provide a holistic definition of energy security through the lens of three dimensions: energy supply security, energy economy and energy ecological security. The third section, in turn, addresses the relationship between energy security and climate change. The results presented in the conclusion insist that, in order to strengthen environmental protection in China, it is crucial to reform the highly inefficient and strictly regulated national energy market. In doing so, China’s transition to a low-carbon society and economy could prove less painful, as China’s available resources offer the potential for a strengthened ecological dimension and sustained socio-economic development.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"89 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122224023","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":"Trade in clean energy technologies: sliding from protection to protectionism through obligations for technology transfer in climate change law, or Vice Versa?†","authors":"Anthi Koskina, P. Farah, I. Ibrahim","doi":"10.1093/jwelb/jwaa013","DOIUrl":"https://doi.org/10.1093/jwelb/jwaa013","url":null,"abstract":"\u0000 Global regulations involving clean energy technologies have evolved in recent decades. Such evolution came as a result of technological disparities between the North and the South. Such regulatory changes came because of the failure of developed nations to assist developing countries in obtaining said technologies. Since the beginning, international climate change law has attempted to alleviate the discrepancies in technology transfer regulations so as to introduce some form of unity, especially through various legislations, such as a global regulatory framework. In response, this article seeks to answer the following question: did international climate change law provide the necessary regulations to ensure technological accessibility to developing nations? This article will examine the accessibility of clean energy technology in relation to international climate law, especially highlighting the phases characterized by either technological protection or international collaboration. These changes reflect a continuous cycle where both circumstances and events affect international climate change law and the relations with technology state of affairs.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128697024","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":"Philosophy of energy and energy transition in the age of the petro-Anthropocene†","authors":"Jean‐Yves Heurtebise","doi":"10.1093/jwelb/jwaa012","DOIUrl":"https://doi.org/10.1093/jwelb/jwaa012","url":null,"abstract":"\u0000 The purpose of this article is to present the multidimensional issue of an ‘energy transition’ from a philosophical, that is, conceptual and analytical, point of view. The argument of this article is that ‘energy transition’ is not simply a technological and economic problem but also an epistemological, cultural, anthropological and even metaphysical one. Energy transition does not only consist of changing the kind of energy that is produced and consumed to power our modern middle-income societies, from fossil fuels to renewable energies. Energy transition asks us to understand what is implied in cultural and social terms by such a shift from ‘grey’ to ‘green’ sources of energy that does not only entail qualitative transformation but also could imply quantitative curtailment. What will be the consequences of our necessary departure from ‘petromodernity’, that is, from the mode of living that came with fossil fuels in modern times that shape our current age of the Anthropocene? To address this question, different dimensions of the philosophy of energy will be studied: epistemological, phenomenological, anthropological, critical and metaphysical. In conclusion, we will, first, propose the notion of a ‘negative energy tax’ to address the problems of ‘energy injustice’. We will then refer to Bataille to provide an ontology of energy that can help to redefine our assumptions and expectations regarding energy spending.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"16 6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126164667","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":"Future of cross-border pipeline projects in AMLO’s Mexico: what’s the risk?","authors":"M. Rollag","doi":"10.1093/JWELB/JWAA007","DOIUrl":"https://doi.org/10.1093/JWELB/JWAA007","url":null,"abstract":"\u0000 Upon the election of Andres Manuel Lopez Obrador (AMLO) on 1 July 2018, the vitality of Mexico’s recent Energy Reform came under fire from investors, policy makers and industry professionals. This paper evaluates the risks posed to investors in cross-border pipeline projects as a result of this regime shift. Risk is evaluated by the present factors that affect investment conditions as well as projections into the future state of the Mexican Energy Reform. An evaluation of the current Mexican natural gas policy and Mexico’s natural gas relationship with the United States demonstrate a high demand for cheap natural gas flowing across the U.S.-Mexico border. While factors such as social insecurity, theft, environmental concerns, and political volatility slowed the development of several cross-border pipeline projects, the presence of newly minted projects on the horizon are a sign that the expansion of Mexico’s pipeline infrastructure is likely to endure.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130615199","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":"High Court judgment illustrates English courts’ reluctance to imply terms for contractual interpretation","authors":"Anna Nerush, S. S. Wong","doi":"10.1093/JWELB/JWAA009","DOIUrl":"https://doi.org/10.1093/JWELB/JWAA009","url":null,"abstract":"","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124765943","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 governance of nuclear power in China","authors":"P. Andrews-Speed","doi":"10.1093/JWELB/JWAA004","DOIUrl":"https://doi.org/10.1093/JWELB/JWAA004","url":null,"abstract":"\u0000 China has the third largest fleet of nuclear power plants in the world, totalling more than 45 GWe at the end of 2019. With the current high rate of growth, its capacity will soon overtake that of France. The country’s nuclear power industry has suffered no serious accidents to date. Nevertheless, the poor safety record of some other heavy industries in China, combined with the rapid growth of civil nuclear power capacity, has raised concerns over the industry’s ability to prevent a serious accident. The organization, development and governance of China’s nuclear power industry reflects the high strategic importance that the government has placed on the industry over several decades. At the same time, it has taken steps to address domestic and international concerns over its ability to effectively govern nuclear safety and security. The country has become party to most major treaties and conventions relating to nuclear matters and has frequent interaction with the International Atomic Energy Agency. Despite many significant steps taken by the government, a number of questions remain concerning: the capacity and independence of the National Nuclear Safety Administration; the relatively incoherent nature of the body of laws, regulations and rules that govern nuclear safety and security; the absence of a clear legal basis for managing civil nuclear liability, especially in the context of an accident with transboundary consequences; and the quality of public participation, especially in the case of planned nuclear power plants.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117334556","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":"Klaus Mathis, Bruce R. Huber, Energy Law and Economics","authors":"Yen-Chiang Chang, Hefei Liu","doi":"10.1093/JWELB/JWAA006","DOIUrl":"https://doi.org/10.1093/JWELB/JWAA006","url":null,"abstract":"","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"395 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133577090","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":"South Korea’s nuclear power industry: recovering from scandal","authors":"P. Andrews-Speed","doi":"10.1093/JWELB/JWAA010","DOIUrl":"https://doi.org/10.1093/JWELB/JWAA010","url":null,"abstract":"\u0000 South Korea has one of the world’s more established nuclear power industries with its first commercial reactors being commissioned in 1978. The growth of nuclear power capacity had relied on sustained government support and close coordination with key state-owned enterprises. The tight relationship between politicians, government and companies has resulted in what is colloquially known as the ‘nuclear mafia’. One year after the Fukushima Daiichi nuclear accident in Japan, Korea’s nuclear industry suffered its own crises in 2012. The first was a station blackout at the Kori 1 reactor, the country’s oldest, which was not reported for over a month. The second set of revelations concerned systematic malfeasance along the nuclear supply chain involving the falsification of reports of safety tests on nuclear parts and equipment. Revisions to the Nuclear Safety Act gave greater powers to the newly created Nuclear Safety and Security Commission and placed new reporting obligations on all actors along the nuclear supply chain. These measures were supplemented by more general legislation and regulations on public procurement, the conduct of public officials and corruption. Whilst these steps have the potential to improve governance and integrity in the country’s nuclear power industry, some of the underlying causes of the earlier weaknesses remain. As a consequence, the transformation of Korea’s nuclear industry will be a long process.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125324918","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":"Incorporating unconventional and renewable energy into the international energy framework: the diminution of OPEC in a new energy world order","authors":"Victoria Roth","doi":"10.1093/jwelb/jwaa008","DOIUrl":"https://doi.org/10.1093/jwelb/jwaa008","url":null,"abstract":"\u0000 Nearing its 60th anniversary of foundation, the once unchallenged Organisation of Petroleum Exporting Countries (OPEC) faces a modern diminution of influence. This slipping grip of near-hegemonic control exerted over the petroleum industry, is partly reflective of the rising influence of unconventional energy sources, the rising popularity for alternative and renewable energy sources and a downstream consequence of its own exertion of power. With rising international demand for renewables as a means to provide global energy security, the role of the state remains paramount in meeting energy demands. The international framework falls short of enabling a framework that brings renewable energy past its domestic dependency and into an internationally traded commodity. Following the 1973 embargo against the USA, OPEC inadvertently spurred on the need for a diversified market of energy production to ensure global energy security free from the whims of oligarchic groups. The subsequent investment into alternative energy, including the rising technological advancements made in areas such as horizontal and seismic imaging technology (or, ‘fracking’), has led to the diversification of energy production sources and lessened reliance on external importers by the American energy consumption powerhouse. The lessening reliance on OPEC has had a consequential impact on the unofficial head of the organization, Saudi Arabia. From the proposed initial public offering of Saudi Aramco to Vision 2030, all signs point to looming economic troubles for the petroleum dependant state without adequate, and effective, diversification.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"152 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132511318","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":"Agreeing to disagree: structuring future capital investment provisions in joint ventures","authors":"E. Elliott, Lois D’Costa, J. Bamford","doi":"10.1093/jwelb/jwaa002","DOIUrl":"https://doi.org/10.1093/jwelb/jwaa002","url":null,"abstract":"\u0000 Prior to entering into any joint venture agreement (JVA), dealmakers should be aware of the options available to resolve future investment disagreements. There are three broad capital investment structures commonly found in joint ventures: (i) standard passmark rules; (ii) non-consent/opt-out; and (iii) sole risk. Within each category, deal practitioners have numerous options to tailor capital investment structures. As much as possible, deal practitioners should contemplate the most likely areas of disagreement, and then tailor the capital investment structures appropriately to ensure that the joint ventures (JV) can manage capital investment decisions in an efficient, value-preserving way.\u0000 While it is impossible to establish a formula to determine which specific contractual structures will best accommodate future capital investments in a given JV, companies should weigh various factors to inform their position. We reviewed 40 JVAs to understand various capital investment mechanics and how they differ based on the nature of the venture and owner context. Our research found an extremely diverse array of creative structural work-arounds to address different owner appetites to make future capital investments.\u0000 The purpose of this article is to describe, illustrate and provide benchmarks on different mechanics and contractual terms found in joint venture agreements, and to offer guidance as to which future capital investment mechanics should be included in venture agreements.","PeriodicalId":427865,"journal":{"name":"The Journal of World Energy Law & Business","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125764593","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}