Journal of Energy & Natural Resources Law最新文献

{"title":"Mitigating occupational health and safety risks in the proposed Australian offshore wind energy industry: lessons from the safety case regime","authors":"E. Wifa, T. Hunter","doi":"10.1080/02646811.2021.1879547","DOIUrl":"https://doi.org/10.1080/02646811.2021.1879547","url":null,"abstract":"The offshore wind energy industry is growing at an encouraging rate, and Australia is seeking to commence offshore wind development. Although there is research on the planning and environmental risks, there is limited research addressing health and safety risks. Some scholars argue the two industries are different, while others support the application of offshore petroleum safety to wind. This article analyses whether the industries have many similarities, and whether the safety case provides the most robust safety regulatory framework for both industries, concluding that Australia’s approach is a solid foundation for safety in the developing wind industry.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2021-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72856268","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"How voluntary carbon markets can drive climate ambition","authors":"C. Streck","doi":"10.1080/02646811.2021.1881275","DOIUrl":"https://doi.org/10.1080/02646811.2021.1881275","url":null,"abstract":"Over the last three years, corporate interest in voluntary carbon markets has almost tripled, and this trend has seemed to resist the COVID-19 economic fallout. If managed well, this market has the potential to become a very significant driver of mitigation action, in particular in developing countries, which supply the majority of voluntary carbon offsets. Robust standards and rules can overcome concerns that voluntary carbon markets could lead to company greenwashing and undermine the goals of the Paris Agreement. On the contrary, voluntary corporate investments can encourage more ambitious government climate action, and encourage governments to make more ambitious pledges under the Paris Agreement. Multisectoral mitigation partnerships can ensure the complementarity of public and private action and support policy alignment and investments in priority sectors and regions.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2021-02-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79243830","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Towards sustainable blue energy production: an analysis of legal transformative and adaptive capacity","authors":"Jukka Similä, Niko Soininen, Eelis Paukku","doi":"10.1080/02646811.2021.1875687","DOIUrl":"https://doi.org/10.1080/02646811.2021.1875687","url":null,"abstract":"The achievement of a radical global reduction of greenhouse gases requires a legal-institutional setting capable of facilitating such a transition on a wide range of renewable technologies. This paper identifies and critically evaluates the key institutional, procedural and substantive legal mechanisms facilitating or preventing sustainable production of blue renewable energy with Finland as a case study country. The focus is on offshore wind power and hydropower. While we approach energy transition from the perspective of an EU member state, we simultaneously shed light on the relevant parts of the EU legal framework that significantly affect national legal frameworks.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2021-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85747398","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Fossil fuel mineral wealth and climate change law: expectations of coal mine development in a time of decarbonisation","authors":"B. Barton","doi":"10.1080/02646811.2020.1866275","DOIUrl":"https://doi.org/10.1080/02646811.2020.1866275","url":null,"abstract":"International climate change law embodied in the United Nations Framework Convention on Climate Change and the Paris Agreement entails commitments to reduce the emission of greenhouse gases, mainly from the use of fossil fuels. The development of fossil fuel mineral resources, especially coal, is becoming less attractive. Although it can be argued that countries, especially developing countries, should have a right to develop their coal resources, there is no general exception to the international agreements to that effect. The agreements address emissions and do not directly prevent fossil fuel extraction at the present. Emission reduction measures are not the only factors causing uncertainty in international coal markets. No tenable argument can be made for exceptions to the climate change agreements on the basis of the right to development, sustainable development or permanent sovereignty over natural resources; and pressure to reduce the use of fossil fuels, at the corporate level or in international affairs, is legitimate and to be expected. A low-carbon future means changes for mining, and coal mining in particular does not have a legal claim to business as usual operation immune from international efforts to reduce harm to the climate.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2021-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84568377","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Gas and LNG Price Arbitrations: A Practical Handbook","authors":"Anatole Boute","doi":"10.1080/02646811.2020.1858573","DOIUrl":"https://doi.org/10.1080/02646811.2020.1858573","url":null,"abstract":"Long-term sale-purchase agreements have traditionally been a key component of the financing of large natural gas projects. With ‘take-or-pay’ arrangements, guaranteed off-take of a certain volume o...","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2021-01-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90726799","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"What are national ‘climate change acts’?","authors":"Thomas L. Muinzer","doi":"10.1080/02646811.2020.1855020","DOIUrl":"https://doi.org/10.1080/02646811.2020.1855020","url":null,"abstract":"This paper investigates national ‘climate change acts’. Climate change acts are a newly emerging, innovative form of legislation designed to drive down economy-wide greenhouse gas emissions. They impact the energy sector most particularly, as the most abundant source of global greenhouse gas emissions. The analysis highlights various conceptual, definitional and linguistic problems that arise where one seeks to apply the term ‘climate change act’ meaningfully in the context of climate and energy law and policy discourse. It is demonstrated that such difficulties exert a latent undermining influence on technical and analytical coherence in the field. Means of reducing or avoiding these sorts of problems going forward are outlined and discussed. As part of this process, a working definition of this emerging form of legislation is set out in careful exacting terms. Here, its meaning is equated with the technical descriptor ‘national framework climate legislation’. Consideration is also accorded to the future of climate change acts in this analytical setting, and extant commentary engaging the notion of second-generation climate policy is drawn upon in order to construct a working definition of second-generation climate change acts that can usefully inform aspects of analysis in going forward.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2021-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91130950","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Navigating the emerging lithium rush: lithium extraction from brines for clean-tech battery storage technologies","authors":"R. Tscherning, B. Chapman","doi":"10.1080/02646811.2020.1841399","DOIUrl":"https://doi.org/10.1080/02646811.2020.1841399","url":null,"abstract":"The expansion of electric vehicle technologies and renewable energy storage will increasingly depend on lithium-ion batteries. Current lithium extraction operations are far from the environmentally and socially compliant operations desired by the ‘clean-tech’ industry. However, an innovative and more compliant lithium extraction process has emerged. Several companies are actively working on scrubbing lithium from lithium-enriched brines by purifying wastewater from oil and gas operations or through standalone extraction facilities. This paper examines the legal considerations and risks associated with the development of a novel lithium brine extraction industry in Western Canada, primarily focused on Alberta as a traditional oil and gas jurisdiction. Our analysis of Alberta's subsurface regimes identifies and discusses ambiguities that the Alberta government may need to address for this emerging subsurface industry. Similarly, we identify unique contractual considerations for counsel to contemplate when advising parties involved in this new industry. We conclude that the current legal landscape in Alberta, from both a regulatory and a contractual perspective, needs further clarification in order to attract a large-scale and viable industry. Nevertheless, we emphasise that Western Canada is ripe with opportunity to commercialise on a new lithium extraction industry and take note of the increased governmental interest in the development of this emerging industry.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86491116","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The United States re-engages with the world on climate change. But the question remains: is the US a dependable long-term partner?","authors":"Don C. Smith","doi":"10.1080/02646811.2021.1872184","DOIUrl":"https://doi.org/10.1080/02646811.2021.1872184","url":null,"abstract":"","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78381748","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Why reclamation bonding mechanisms fail in Indonesia","authors":"Tri Hayati, C. Cornelius, A. Wibisana","doi":"10.1080/02646811.2020.1844962","DOIUrl":"https://doi.org/10.1080/02646811.2020.1844962","url":null,"abstract":"The objective of this article is to critically examine the regulatory framework associated with reclamation bonding mechanism in Indonesia. It suggests that the failure of the Indonesian reclamation bonding mechanism is due to a lack of regulatory clarity and the consequent weaknesses in law enforcement. In this context, this article reviews the existing literature on policy models pertaining to bonding mechanisms before arriving at the conclusion that the worst-case scenario described by Costanza and others (2015) represents the most apt remedy to improve Indonesia's reclamation bonding mechanism policy. Under a worst-case scenario bonding mechanism, the bond value is set up according to the costs associated with the most extensive probable environmental destruction. Such costs are over and above those associated with identified environmental damage. Companies intending to conduct mining activities are required to provide such a bond upfront, prior to commencing their exploration and operation–production.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2020-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77149357","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Energy and Geopolitics","authors":"Xiao-lei Gong","doi":"10.1080/02646811.2020.1855019","DOIUrl":"https://doi.org/10.1080/02646811.2020.1855019","url":null,"abstract":"Most scholars in the energy field believe that cross-border energy activities are closely linked to a state’s foreign policies. Due to the fear of using up finite fossil fuels, major import-dependent states compete for global influence to secure energy supply. Nevertheless, the discussion of securitising energy supply narrowly focuses on oil and gas, and rarely analyses actions of less powerful actors (eg environmental organisations or even engineers). Energy and Geopolitics significantly contributes to discussions about energy geopolitics by providing a holistic perspective – ‘seeking to understand the totality of things and how everything is interconnected with everything else’ (p 14). This analytical perspective is justified by connections between energy systems, different kinds of energy resources and socio-economic/political contexts. Therefore, analysing the geopolitics of one energy resource cannot overshadow its supply activities in the system, its interaction with other energy resources and its impact on social, economic and political actors. Högselius further argues that ‘we cannot properly grasp energy and geopolitics without taking into account the totality of global energy, viewing different energy sources and energy forms as constituents of a single whole’ (p 7). Chapter 2 lays the theoretical foundation and provides more details on why a systemic perspective is useful in comprehending energy in the geopolitical context. The author introduces the concept of energy systems, which he defines as ‘a set of technical and non-technical components – plus the links between them – that jointly enable energy in one or the other form to be delivered to end users’ (p 15). The systems are categorised by Högselius based on disparate energy resources, geographical scope or other standards. These systems relate to each other in various forms. Therefore, understanding the interaction of these energy systems could provide a more comprehensive analysis of the geopolitics driving one energy supply system (eg the interactions between fossil fuels and renewable energy). Additionally, the energy systems are sociotechnical in nature. Actors’ interaction with technical entities in the energy systems helps in understanding the power structure of the energy supply systems. When discussing actors’","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2020-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82998330","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}