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Journal of Energy & Natural Resources Law最新文献

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Energy and natural resources law in New Zealand: an eventful forty years 新西兰的能源和自然资源法:多事的四十年
IF 2.2 4区 社会学
Journal of Energy & Natural Resources Law Pub Date : 2022-01-02 DOI: 10.1080/02646811.2021.2010967
B. Barton
{"title":"Energy and natural resources law in New Zealand: an eventful forty years","authors":"B. Barton","doi":"10.1080/02646811.2021.2010967","DOIUrl":"https://doi.org/10.1080/02646811.2021.2010967","url":null,"abstract":"The development of energy law, natural resources law and climate change law in New Zealand is considered over the period from the early 1980s to the early 2020s. The political and economic background of the period is described in order to understand the evolution of these fields of law. Specifically examined are the Māori dimension, oil and gas, mining, electricity, environment and climate change. In respect of legal practice, legal education and research, the particular characteristics of law in these fields is discussed and compared with the equivalents in other countries.","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":"84928211","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}
引用次数: 0
Canada’s carbon energy overhang 加拿大的碳能源过剩
IF 2.2 4区 社会学
Journal of Energy & Natural Resources Law Pub Date : 2022-01-02 DOI: 10.1080/02646811.2021.2012349
A. Lucas
{"title":"Canada’s carbon energy overhang","authors":"A. Lucas","doi":"10.1080/02646811.2021.2012349","DOIUrl":"https://doi.org/10.1080/02646811.2021.2012349","url":null,"abstract":"Canada’s historical legal framework for hydrocarbon development persists, creating a ‘carbon energy overhang’ that impedes the transition to a low-carbon economy on which Canadian governments have embarked. As a result, Canada remains a petro-state, the fourth largest global oil producer with the third largest reserves. There have been greenhouse gas emission reduction initiatives, particularly by the federal government, including a national carbon tax (that survived constitutional challenge), renewable energy initiatives, energy transition legislation establishing net zero goals, and a promised cap on oil and gas industry emissions. However, two major barriers remain, notably (1) the national economic importance of the oil and gas industry with its oil sands centrepiece, located mainly in the province of Alberta; and (2) very limited room to cut electricity generation emissions, with over 80 per cent of electricity already produced by renewables and nuclear, and a lack of interprovincial transmission interties with these renewable electricity (mainly hydro)-producing provinces that export large quantities of energy to the United States.","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":"73513003","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}
引用次数: 0
The past, present and future of energy law in Mexico: energy law from 1992 to 2022 墨西哥能源法的过去、现在和未来:1992年至2022年的能源法
IF 2.2 4区 社会学
Journal of Energy & Natural Resources Law Pub Date : 2022-01-02 DOI: 10.1080/02646811.2021.2017667
J. G. González Márquez
{"title":"The past, present and future of energy law in Mexico: energy law from 1992 to 2022","authors":"J. G. González Márquez","doi":"10.1080/02646811.2021.2017667","DOIUrl":"https://doi.org/10.1080/02646811.2021.2017667","url":null,"abstract":"This paper analyses how the North American Free Trade Agreement (NAFTA) influenced the opening of the Mexican energy sector, beginning in 1992. It evaluates how the multiplication of legal bodies governing the energy industry calls the attention of scholars to the analysis and systematisation of this novel legal discipline. The survey includes a discussion of the 2013 constitutional energy reform and how international treaties shield this reform, preventing a new constitutional amendment from reversing the opening of the Mexican energy sector. Finally, it emphasises that Mexican energy law is now not separate from international commercial law.","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":"76257065","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}
引用次数: 1
The evolution of principles of energy law (a review of the content of the Journal of Energy & Natural Resources Law, 1982–2022) 能源法原则的演变(1982-2022年《能源与自然资源法》期刊内容回顾)
IF 2.2 4区 社会学
Journal of Energy & Natural Resources Law Pub Date : 2022-01-02 DOI: 10.1080/02646811.2021.2017650
Íñigo del Guayo
{"title":"The evolution of principles of energy law (a review of the content of the Journal of Energy & Natural Resources Law, 1982–2022)","authors":"Íñigo del Guayo","doi":"10.1080/02646811.2021.2017650","DOIUrl":"https://doi.org/10.1080/02646811.2021.2017650","url":null,"abstract":"The development experienced by energy law in recent decades is reflected in the 40-year existence of the Journal of Energy & Natural Resources Law (JERL). It shows that the inclusion within the legal order of three main established principles of energy law (those of security of supply, economic efficiency and environmental sustainability) is the result of the influence of the dominant energy policies. However, principles of energy law are something different from energy policies incorporated into the legal order, since they are prescriptive principles, which the legal system identifies when dialoguing with the energy system. A core component of energy law is energy regulation applied over those elements of the energy system (mainly networks) when competition does not or cannot exist and, consequently, energy consumers must be particularly protected. In recent years, as the contents of JERL also reflect, there has been a clear ethical turn of lawyers towards energy justice and the need to evaluate the law in the context of its exigencies.","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":"82207390","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}
引用次数: 1
Regulation and remediation of the impacts of mine wastes on land and water in South Africa 管制和补救矿山废物对南非土地和水的影响
IF 2.2 4区 社会学
Journal of Energy & Natural Resources Law Pub Date : 2021-11-18 DOI: 10.1080/02646811.2021.1985780
Bernard Kengni, H. Mostert
{"title":"Regulation and remediation of the impacts of mine wastes on land and water in South Africa","authors":"Bernard Kengni, H. Mostert","doi":"10.1080/02646811.2021.1985780","DOIUrl":"https://doi.org/10.1080/02646811.2021.1985780","url":null,"abstract":"A concerning phenomenon in South Africa’s mines is the huge quantities of waste generated by the mines. The problem is historical in that there was existing land and water contamination from previously generated waste, often from now abandoned mines, of which there are many. But the problem is also current, as mines continue to aggravate concerns about the hazards of mine waste for the health and well-being of people and the environment. South Africa has little arable land and water is scarce. Compromising these resources has implications for food security and access to clean water. There are processes that can ameliorate the harmful effects of mine wastes on environmental safety and food security in South Africa. These processes enable the evaluation of soil and water quality and the extraction of pollutants, such as heavy metals and metalloids, aiming to achieve land and water quality that is suitable for alternative and sustainable use of previously contaminated land and water resources. The implementation of such processes in South Africa relies on a legal framework that provides minimum standards and guidelines for land and water remediation. However, flaws in the legal framework impair functioning in the sector. Poor implementation and compliance with existing laws make matters worse. The effects show on the environment.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2021-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75591174","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}
引用次数: 3
In plain sight – from Juukan caves destruction to just development 在众目睽睽之下-从Juukan洞穴破坏到公正的发展
IF 2.2 4区 社会学
Journal of Energy & Natural Resources Law Pub Date : 2021-11-01 DOI: 10.1080/02646811.2021.1984036
Judith A. Preston, D. Craig
{"title":"In plain sight – from Juukan caves destruction to just development","authors":"Judith A. Preston, D. Craig","doi":"10.1080/02646811.2021.1984036","DOIUrl":"https://doi.org/10.1080/02646811.2021.1984036","url":null,"abstract":"This commentary will outline the circumstances leading to the destruction of the Juukan Caves by Rio Tinto in May 2020. Secondly, it explains how the existing complexities of the legal framework designed to protect Indigenous cultural heritage resulted in the “legal” destruction of the Juukan Caves. The third part considers whether this incident may encourage positive changes in the relationship between Aboriginal peoples and resource companies which is reflected in law and governance. Recommendations from an ongoing public inquiry into the circumstances surrounding the destruction may begin this process of healing for the impacted Aboriginal community providing some pathways for change.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90320914","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}
引用次数: 0
Courts must provide climate change leadership in the absence of law-making progress 法院必须在没有立法进展的情况下发挥气候变化领导作用
IF 2.2 4区 社会学
Journal of Energy & Natural Resources Law Pub Date : 2021-10-02 DOI: 10.1080/02646811.2021.1982172
Don C. Smith
{"title":"Courts must provide climate change leadership in the absence of law-making progress","authors":"Don C. Smith","doi":"10.1080/02646811.2021.1982172","DOIUrl":"https://doi.org/10.1080/02646811.2021.1982172","url":null,"abstract":"While lawmakers round the world have struggled, often unsuccessfully, to enact meaningful climate change legislation, litigation-related activity is increasing, and some courts are moving assertedly ahead to deal directly with the threat. This new trend comes after years of limited success by environmentalists to ‘use the courts in their fight to slow the effects of climate change or to hold companies and governments accountable for the crisis’. The trend is underscored by a recent report by the Grantham Research Institute on Climate Change and the Environment finding more than 1,000 climate-related cases have been filed since 2015 in comparison to about 800 cases filed between 1986 and 2014. The rise in litigation has been attributed to scientists and climate activists who ‘see the response by governments and corporations to the climate threat [as] weak compared to what is needed’, New York-based Sabin Center for Climate Change Law Fellow Korey Silverman-Roati has said, adding, ‘Litigation is increasingly seen as the only option to fight authorities when they are failing to appropriately address climate change’. And unlike the past when climate change cases were generally unsuccessful, the trend now appears to be changing. According to the Grantham report, in nearly 370 decided cases, outcomes favoured climate change action in 58 per cent, were unfavourable in 32 per cent, and had no clear impact in ten per cent. In particular, the report found an increase in the number of ‘strategic cases’, defined as those","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2021-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78072989","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}
引用次数: 0
China’s ownership policies in the coal sector: effectiveness of capacity regulation and prospect for climate change mitigation 中国煤炭行业的所有权政策:产能调节的有效性和减缓气候变化的前景
IF 2.2 4区 社会学
Journal of Energy & Natural Resources Law Pub Date : 2021-09-24 DOI: 10.1080/02646811.2021.1972563
Hao Zhang
{"title":"China’s ownership policies in the coal sector: effectiveness of capacity regulation and prospect for climate change mitigation","authors":"Hao Zhang","doi":"10.1080/02646811.2021.1972563","DOIUrl":"https://doi.org/10.1080/02646811.2021.1972563","url":null,"abstract":"Coal dominates China’s energy consumption and causes significant air pollution and carbon emissions. By examining recent policy imperatives of coal sector restructuring, this article unpacks the contradictory policy goals on cutting coal production capacity and mitigating climate change, as well as the challenges to reducing coal consumption. These challenges largely result from the regulatory framework governing China’s electricity sector, which lacks effective mechanisms to reduce coal consumption. By doing so, this article aims to shed some light on the role state-owned enterprises play in the coal sector, or the role they could play, towards climate change mitigation.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2021-09-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91050682","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}
引用次数: 1
Groundwater management in India's Punjab and Haryana: a case of too little and too late? 印度旁遮普邦和哈里亚纳邦的地下水管理:太少、太迟?
IF 2.2 4区 社会学
Journal of Energy & Natural Resources Law Pub Date : 2021-09-20 DOI: 10.1080/02646811.2021.1956181
A. Rosencranz, T. Puthucherril, Sushruti Tripathi, Surya Gupta
{"title":"Groundwater management in India's Punjab and Haryana: a case of too little and too late?","authors":"A. Rosencranz, T. Puthucherril, Sushruti Tripathi, Surya Gupta","doi":"10.1080/02646811.2021.1956181","DOIUrl":"https://doi.org/10.1080/02646811.2021.1956181","url":null,"abstract":"The North Indian states of Punjab and Haryana (P&H) are a part of the water-rich Indo-Gangetic river basin. Despite this abundance, both states are on the cusp of a severe water crisis due to groundwater over-extraction. The proliferation of tubewells to support irrigation is responsible for more than 90 per cent of the groundwater extraction in both states. What started as a boon during the Green Revolution has given rise to a host of socio-economic and environmental issues. Overexploitation of groundwater is not a simple problem that the laws can quickly fix. In 2020, both P&H passed legislation to manage their water, including groundwater; however, these legal responses are far from what is required. This article examines the law on groundwater in P&H, focusing on the fallouts of silo-based decision-making where the different facets of water management are left to various authorities resulting in working at cross-purposes and inefficient decision-making. We argue that there is an urgent need to (1) delink groundwater rights from land rights and (2) adopt an integrated resource management strategy if P&H are to utilise their groundwater sustainably.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2021-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82251103","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}
引用次数: 5
Climate change in international arbitration, the next big thing? 气候变化是国际仲裁的下一个热点?
IF 2.2 4区 社会学
Journal of Energy & Natural Resources Law Pub Date : 2021-09-15 DOI: 10.1080/02646811.2021.1959158
L. Gouiffès, Melissa Ordonez
{"title":"Climate change in international arbitration, the next big thing?","authors":"L. Gouiffès, Melissa Ordonez","doi":"10.1080/02646811.2021.1959158","DOIUrl":"https://doi.org/10.1080/02646811.2021.1959158","url":null,"abstract":"This article considers international arbitration as a potential forum to adjudicate climate change claims, in the form of commercial and investment arbitrations, the latter sustained by the rise of so-called ‘green’ investment treaties. In doing so, it tracks the rise of domestic legislation and litigation surrounding climate change (using France as an example), to demonstrate how the legal profession has already joined the collaborative effort to address this era-defining issue. This trend is likely to continue and become more globalised in the coming years, positioning international arbitration as an attractive mechanism for better addressing these challenges and resolving climate change disputes.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2021-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89068410","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}
引用次数: 0
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