What do we Mean when we Talk about International Energy Law?

Roeben, Volker; Mete, Gökçe

doi:10.5040/9781509932511.ch-004

Cited by 2 publications

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References 1 publication

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“…Only those then entail a duty to compensate the investor. It is fair to say, though, that the arbitral tribunals have not always been consistent in their assessment and that the law remains somewhat unclear [22].…”

Section: The Governance Of Marine Energy Resources In the Transition ...mentioning

confidence: 99%

Bluer Than Blue: Exit from Policy Support for Clean Marine Energy

Roeben,

Macatangay

2023

Sustainability

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The amendment or removal of superfluous government support policies is typically difficult, yet in the ever more important debate on low-carbon (i.e., clean) marine energy policy under the international law of climate action, the law of the sea, and international investment protection, there are additional dimensions of legal or economic peril. Coastal states enact policies subsidising clean energy investments, such as offshore wind energy generation, in their exclusive economic zones or continental shelves. Investors are attracted to the prospect that policies granting subsidies for ostensibly new industries are sufficiently durable. Are such subsidy policies salient or stale? In principle, the purpose of regulatory policy is the promotion of social welfare, and hence, there is an optimal incidence, magnitude, and duration of the subsidy, in essence, an ideal strategy for starting, altering, or exiting such policy. We aim to introduce the concept of optimisation to the design and implementation of regulatory policy in this context. Our contribution is to offer three maxims of optimal clean marine energy law and policy: the efficiency and equity of alternative regulatory arrangements; the continuous optimisation of such arrangements; and the recognition of linguistic entanglements in the law. We test these maxims against the case of clean marine energy policy on offshore wind energy generation. One legal implication for international investment protection is that coastal states should establish a policy exit clause in their investment contracts. Our analysis of policy optimisation is generalisable across policies supporting the transition to sustainable energy forms.

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Section: The Governance Of Marine Energy Resources In the Transition ...mentioning

confidence: 99%

Bluer Than Blue: Exit from Policy Support for Clean Marine Energy

Roeben,

Macatangay

2023

Sustainability

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The Concept of Access to Sustainable Energy Sources in the Doctrine of International Law

Aratskiy

2022

Aktualʹnye problemy rossijskogo prava

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In today’s world, energy is one of the fundamental industries and is essential for economic development, poverty eradication and adaptation to the effects of climate change. Access to sustainable energy sources (RES) is the foundation of modern sustainable energy, and international law has a key role to play in achieving such access. The aim of the study is a theoretical consideration and generalization of the positions of modern scientists within the framework of international energy law in terms of access to RES. The genesis of access to sustainable energy sources in the writings of scholars on international energy law originates from the work of Professor A. D. Bradbrook, who considers such access primarily through the prism of international human rights law and notes the paramount task of achieving universal access to RES in order to reduce poverty. R. D. Heffron formulated the access under study as one of the basic principles of international energy law, at the same time, the main place in the author’s works in this area is given to the concept of energy justice. S. Bruce noted the high importance of the Sustainable Energy for All (SE4All) initiative, the International Renewable Energy Agency and Sustainable Development Goal No. 7 in achieving researched access, and also highlighted a number of international agreements as instruments of particular importance for access to RES.

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What do we Mean when we Talk about International Energy Law?

Cited by 2 publications

References 1 publication

Bluer Than Blue: Exit from Policy Support for Clean Marine Energy

Bluer Than Blue: Exit from Policy Support for Clean Marine Energy

The Concept of Access to Sustainable Energy Sources in the Doctrine of International Law

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