Journal of Energy & Natural Resources Law最新文献

{"title":"Another look at achieving the United Nations Sustainable Development Goals: using extraction projects as a source for financing impact projects?","authors":"A. van Wassenaer","doi":"10.1080/02646811.2022.2049549","DOIUrl":"https://doi.org/10.1080/02646811.2022.2049549","url":null,"abstract":"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 of all relevant stakeholders, and (5) without disputes, it would be possible to develop objectives that are aligned for all stakeholders involved. Including stakeholder objectives with the associated environmental objectives brings such projects within the realm of the triple bottom line concept of balance or harmony among economic, social and environmental interests. Such stakeholders should include not only the developer or employer of projects but also, typically, the contractor(s), project team, operator, clients, users, funders, relevant authorities and affected communities. If the interests of such stakeholders – whether using Free Prior and Informed Consent processes or not – could be mediated into high-level aligned objectives, ideally, there would be no conflicting interests. Thus, a higher probability of achieving success would be within reach. For the development of successful impact projects (ie projects with a positive impact on one or more of the United Nations (UN) Sustainable Development Goals (SDGs) while generating revenue), the challenge is to identify relevant multi-stakeholder groups and to develop a joint ‘Ecosystem of Shared Value’. Probably, such projects would be part of larger portfolios or programmes leading to the development of corridors as an umbrella for further projects combining infrastructure, energy and related sectors. It is worth further considering to what extent location-dependent projects – such as those developed by the extraction industry, water or power projects – could act as cost drivers and catalysts for sustainable economic development, social and environmental benefits, as part of a long-term vision for regions to be developed.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2022-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72750496","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":"Playing with fire: military attacks against a civilian nuclear power station","authors":"Don C. Smith","doi":"10.1080/02646811.2022.2057727","DOIUrl":"https://doi.org/10.1080/02646811.2022.2057727","url":null,"abstract":"There is only one word to describe subjecting a civilian nuclear power plant to a military assault: reprehensible. Until now such an attack by one country against a nuclear power plant located in a different country would have seemed ludicrous. Might terrorists target a nuclear plant? Of course, and there has been much written about this possibility. But one country’s military targeting a nuclear facility in another country? That seemed almost beyond the realm of comprehension. World opprobrium against the perpetrator would almost certainly prevent this from happening. Or at least that was the assumption until now. And yet, as the world sadly knows, that is exactly what happened in the opening weeks of Russia’s invasion of Ukraine. According to National Public Radio (NPR), an American public broadcaster, ‘A thorough review of a four-hour, 21-minute security camera video of the attack [revealed] that Russian forces repeatedly fired heavy weapons in the direction of the [Zaporizhzhia nuclear power] plant’s massive reactor buildings’. The Zaporizhzhia plant is Europe’s largest nuclear generating facility. It was recently estimated that there are 150 facilities on site that store spent nuclear fuel rods, all of which require protection and active management. The NPR reporting was subsequently reinforced by a statement issued by the World Nuclear Association, an international organisation that represents the global nuclear industry, which said, ‘[W]e condemn in the strongest terms the direct attack [on the power plant] by the Russian armed forces’.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82688359","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":"US environmental law and policy trends in 2021 and what they might mean for Australia","authors":"L. Camenzuli, J. Green, Alice Johnson","doi":"10.1080/02646811.2022.2042986","DOIUrl":"https://doi.org/10.1080/02646811.2022.2042986","url":null,"abstract":"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 opinion piece distils the detail of the Biden administration’s actions across the spheres of executive orders, agency appointments, the Glasgow Climate Change Conference (COP26), regulatory measures and law reform to analyse the emerging precedent and prospective implications for Australian law.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86615931","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":"Reforming the Energy Charter Treaty for sustainability?","authors":"Paul V Thiessen","doi":"10.1080/02646811.2022.2040214","DOIUrl":"https://doi.org/10.1080/02646811.2022.2040214","url":null,"abstract":"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 more recent investment agreements. This submission aims to shed light on the feasibility, prospects and pitfalls of the modernisation process. For that purpose, it reviews and contextualises the amendments proposed by the EU with regards to the question of whether they are suitable for achieving their intended objectives and whether they are legally and politically feasible. It concludes that while each proposed amendment would be suitable in itself to achieve the objective pursued, the current process finds its limit in the political feasibility: any amendment requires a unanimous decision. As a result, the objectives may not be achieved. Therefore, this article suggests an alternative means to the current process through encouraging the maintenance of the positive impacts of the ECT while undergoing modernisation.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2022-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74569727","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":"Hydrogen Projects: Legal and Regulatory Challenges and Opportunities","authors":"Xiaohan Gong","doi":"10.1080/02646811.2022.2042984","DOIUrl":"https://doi.org/10.1080/02646811.2022.2042984","url":null,"abstract":"","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2022-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76496849","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":"Indigenous co-ownership of mining projects: a preliminary framework for the critical examination of equity participation","authors":"Anthony Kung, S. Holcombe, Joel Hamago, D. Kemp","doi":"10.1080/02646811.2022.2029184","DOIUrl":"https://doi.org/10.1080/02646811.2022.2029184","url":null,"abstract":"Negotiated agreements are now a commonplace mechanism for governing the relationship between mining companies and Indigenous peoples. What is not commonplace are agreements in which Indigenous people acquire an equity stake in industrial-scale projects on their land. Recent and powerful calls for greater Indigenous control of mining projects have drawn renewed attention to the question of Indigenous co-ownership and Indigenous equity participation. This paper describes co-ownership arrangements emerging globally and raises critical questions that drive closer examination of the value proposition of Indigenous equity participation for Indigenous groups and other parties.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2022-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90358224","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":"Climate, ESG, and the board of directors: ‘You cannot direct the wind, but you can adjust your sails’","authors":"Allison Herren Lee","doi":"10.1080/02646811.2021.1992182","DOIUrl":"https://doi.org/10.1080/02646811.2021.1992182","url":null,"abstract":"The subject of climate risk and our fi nancial markets, and environmental, social and governance issues (ESG) more broadly, is top of mind in board rooms and c-suites around the globe. Increasingly, boards of directors are called upon to navigate the challenges presented by climate change, racial injustice, economic inequality and numerous other issues that fundamental to the and sustainability of companies, fi is in that the and stakeholders long-term, ways far corporate decade two ago.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2022-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80917680","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":"Balancing majoritarianism and the right to consultation: Association of Mineworkers and Constitutional Union and Others v Royal Bafokeng Platinum Limited and Others","authors":"Bernard Kengni, Chiyedza Ennah Mutendera","doi":"10.1080/02646811.2021.2012984","DOIUrl":"https://doi.org/10.1080/02646811.2021.2012984","url":null,"abstract":"This case note illustrates how mining companies operating in South Africa often resort to retrenchments to bring operational costs under control. Processes leading to such retrenchments are statutorily required by section 189 of the Labour Relations Act to include consultations, principally with trade unions that are part of collective agreements. As evidenced by the analysis of the Association of Mine Workers and Construction Union and others v Royal Bafokeng Platinum Limited and Others, the said statutory requirement is problematic and divisive as even the Constitutional Court became very divided as to whether the provision regulating retrenchment processes is constitutionally valid. With a slim majority of judges finding the provision constitutional, this case note highlights reasons why such division must be addressed in the interest of affected employees excluded from retrenchment negotiations.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2022-02-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89096033","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":"Dividing the sea into small bidding zones? The legal challenges of connecting offshore wind farms to multiple countries","authors":"CT Nieuwenhout","doi":"10.1080/02646811.2021.2011034","DOIUrl":"https://doi.org/10.1080/02646811.2021.2011034","url":null,"abstract":"Massive deployment of offshore wind is a core building block of the EU’s climate and energy strategy. So-called ‘hybrid assets’ can be used to connect offshore wind to the onshore grid. A hybrid asset is a connection between at least two countries, to which offshore wind farms are also connected. The connection transports offshore-generated electricity to shore, while facilitating electricity trade through additional interconnection capacity. The current EU Electricity Market Regulation is not fit for this purpose, holding back the development of hybrid assets. This article discusses the legal issues regarding hybrid assets, and a promising solution: offshore bidding zones.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2022-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79111319","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 40th anniversary of the Journal: observing and analysing the evolution of energy and natural resources law","authors":"Don C. Smith","doi":"10.1080/02646811.2022.2019496","DOIUrl":"https://doi.org/10.1080/02646811.2022.2019496","url":null,"abstract":"This issue of the Journal of Energy & Natural Resources Law marks the start of its 40th year of publication. From an initial readership consisting primarily of several hundred members of the then newly established Section on Energy and Natural Resources Law of the International Bar Association (IBA), today’s Journal has grown and matured into a publication that is ranked among the most prestigious journals of its kind in the energy and natural resources fields. Today, not only is the Journal read by the members of the Section on Energy, Environment, Natural Resources and Infrastructure Law (SEERIL), but its contents are annually researched and used by tens of thousands of individuals across the globe via its website. In short, the growth in usage of the Journal’s contents has been nothing short of meteoric. And the growth in readership and the strength of content continues on a year-on-year basis. To a large degree, the Journal’s success can be attributed to the solid foundation that was explained in the first editorial published in January 1983. In that piece founding editor Terence Daintith, then Professor of Public Law at the University of Dundee, identified several ‘purposes and characteristics’ that the Journal would be based on and that continue to guide the Journal today. Daintith pointed out that ‘Energy and natural resources law has special features which, in our view, demand a rather particular kind of periodical’. In this regard, he pointed to three concepts: (1) this branch of law cuts across many legal categories such as public law, private law, contract, tort and so on; (2) it is largely a ‘transnational phenomenon’where ‘much of the law [is] developed in international frameworks or in transnational contracts for energy or resource development’; and (3) this area of the law ‘has to a remarkable degree been built up, and is still being developed and advanced, by the efforts of practicing lawyers in creating new legal instruments to meet the challenges of the resources industries’.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86824713","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}