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Showcase panel – risk management for the swift implementation of energy transition projects Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2024-09-02 Geert Aalbers, Ernesto Cussianovich, Cynthia Urda Kassis, Jorge Milanese, Stephanie Stimpson, Jose Zapata
Published in Journal of Energy & Natural Resources Law (Ahead of Print, 2024)
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Investor–state dispute settlement in natural resources, energy and environmental cases* Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2024-08-27 The Honourable Justice Brian J Preston FRSN SC, Kate Butler
Faced with the triple planetary crises of climate change, pollution and biodiversity loss, states are increasingly taking regulatory action, especially in the natural resources and energy sectors, ...
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The Right to a Healthy Environment in and Beyond the Anthropocene: A European Perspective Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2024-08-19 Daria Shapovalova
Published in Journal of Energy & Natural Resources Law (Ahead of Print, 2024)
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IBA Section on Energy, Environment, Natural Resources and Infrastructure Presentation: ‘Net Zero and Natural Resources Law: Sovereignty, Security and Solidarity in the Clean Energy Transition’ (Oxford University Press, 2024) Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2024-08-06 Íñigo del Guayo, Damilola Olawuyi, Matthias Lang, Elena I Athwal, Adenike Adebukola Akinsemolu, José Juan González Márquez, Milton Fernando Montoya Pardo
The IBA’s Section on Energy, Environment, Natural Resources and Infrastructure Law is advised by the Academic Advisory Group (AAG), a group of leading academics from around the world. Every two yea...
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The Regulation of Decommissioning, Abandonment and Reuse Initiatives in the Oil and Gas Industry: From Obligation to Opportunities Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2024-07-26 Dr Magnus C Abraham-Dukuma
Published in Journal of Energy & Natural Resources Law (Ahead of Print, 2024)
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Procedural (in)justice in regulating shale gas as transitional fuel in India Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2024-07-18 Shashi Kant Yadav
India has earmarked 56 shale gas fracking projects as part of its coal-to-gas transition plan. However, fracking poses peculiar risks to the environment and public health. This paper examines wheth...
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Energy justice discourse: Global South perspectives Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2024-07-18 Godswill Agbaitoro, Karen Hulme, Margaretha Wewerinke-Singh
Published in Journal of Energy & Natural Resources Law (Vol. 42, No. 3, 2024)
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Future-proofing for green hydrogen in the Global South: a procedural justice perspective Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2024-07-18 Halima I Hussein, Raphael J Heffron, Alicia Phillips, Jean-Baptiste Jarin, Chioma V Basil
Green hydrogen provides one solution for a just transition to a low-carbon economy in the Global South. Absorption of green hydrogen into the energy mix will assist in decarbonising the hard-to-aba...
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Climate change, energy transition, and the Global South: learnings from the international framework on the ozone layer Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2024-07-18 Smith I Azubuike, Engobo Emeseh, David Yibakuo Amakiri
The pursuit of climate action to meet net-zero targets has triggered the call for a global energy transition from fossil fuels to clean energy sources. However, this global energy transition does n...
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Analysing just energy transition practices in India, Nepal and Bhutan using a trilogy framework of decarbonisation, decentralisation democratisation Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2024-07-18 Saksham Misra, Chhaya Bhardwaj
The paper discusses the trilogy framework of decarbonisation, decentralisation and democratisation and its relevance in the implementation of just energy transition agendas in rural communities of ...
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(Re)examining the intersection between energy justice and energy transition in Africa Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2024-07-18 Oyeniyi Abe, Victor Azubike
Today, energy justice and energy transition are converging, particularly in Africa. This intersection is crucial for achieving sustainable development and addressing the challenges of climate chang...
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Legal remedies for energy injustice in the ECOWAS sub-region: the role of the ECOWAS Court Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2024-07-18 Muyiwa Adigun
The concept of energy justice has been of much scholarly interest in applying justice principles to energy policy, energy production and systems, energy consumption, political economy of energy and...
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Collaborative renewable development in Chile: a new path forward for the Mapuche Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2024-07-18 Elizabeth Stephani, Emiliano Castillo Jara
For years, the conflict between the Mapuche people and energy developers has persisted in Chile’s southern Biobío Region. Chile’s future as a leader in renewable development hangs on the drafting o...
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Implementing energy justice through corporate social responsibility of multinational corporations in energy and extractive industries: old body in new robes Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2024-07-18 Godswill A Agbaitoro
This article proposes a new implementation framework based on Corporate Social Responsibility (CSR) to facilitate energy justice. To accomplish this, it analyses how CSR constructs linked to Multin...
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Handbook on Energy Justice Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2024-07-18 Chitzi C Ogbumgbada
Published in Journal of Energy & Natural Resources Law (Vol. 42, No. 3, 2024)
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Research Handbook on Oil and Gas Law Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2024-05-31 Allan Ingelson
Published in Journal of Energy & Natural Resources Law (Ahead of Print, 2024)
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Selling sunshine: Emerging challenges in the certification of hydrogen Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2024-05-29 John Chandler, John Paterson
Development of a hydrogen economy as part of the response to the challenges especially of climate change and energy security will depend upon the solution not only of technical problems, but also o...
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Importing US-produced hydrogen and its derivatives into the EU – examples of unnecessary complications, barriers and distinctions Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2024-05-14 Kim Talus, Francisca Gallegos, Jaqueline Pinto
The European Union, like many other nations and governments, is counting on hydrogen to play a big role in the energy transition. The EU has set ambitious import targets for hydrogen. This article ...
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Law in the EU’s Circular Energy System: Biofuel, Biowaste and Biogas Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2024-05-14 Katrien Steenmans
Published in Journal of Energy & Natural Resources Law (Ahead of Print, 2024)
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Extraterritoriality and Climate Change Jurisdiction: Exploring EU Climate Protection under International Law Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2024-05-14 Vilja Johansson
Published in Journal of Energy & Natural Resources Law (Ahead of Print, 2024)
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‘The’ key 2024 election involving climate change and the energy transition: Biden vs Trump 2.0 and the matter of global trust in the US Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2024-05-10 Don C Smith
Published in Journal of Energy & Natural Resources Law (Vol. 42, No. 2, 2024)
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The ecological sustainability of the energy transition in EU law: pro et contra hydropower Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2024-04-18 Dr Kaisa Huhta, Dr Niko Soininen, Dr Seita Vesa
This article explores the trade-offs in the decarbonisation of the energy sector by analysing the legal arguments in favour of and against hydropower in EU law. It contends that the EU regimes in c...
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The Law of Nuclear Energy, 3rd edition Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2024-03-12 Jakub Handrlica
Published in Journal of Energy & Natural Resources Law (Ahead of Print, 2024)
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Maritime boundaries in the energy transition: carbon dioxide (CO2) storage across maritime jurisdictions Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2024-02-26 Constantinos Yiallourides, Tina Soliman-Hunter
Governments around the world are looking to ensure their transition to full low-carbon economies whilst tackling climate change by implementing offshore carbon capture and storage (CCS) – a method ...
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Maximising Economic Recovery – A New Approach to Regulating the UK’s Offshore Oil and Gas Industry Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2024-02-20 Sam Dunkley
Published in Journal of Energy & Natural Resources Law (Vol. 42, No. 2, 2024)
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The socio-economic rights of the Aymara and Quechua peoples of Bolivia, the lithium industry, and the geopolitics of natural resources Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2024-01-18 Yuri G Mantilla
This commentary focuses on the importance of recognising the rights of the Aymara and Quechua peoples to benefit from the lithium industry. It analyses the sources of international law and Bolivian...
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The law enabling voluntary energy transition: lessons learned from Korea’s legal framework Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2024-01-08 Dongwook Chun, Tae Jung Park
Energy transition is a national agenda, prioritised in many countries, to ensure public safety and achieve climate goals. Although enacting laws is a critical means of realising energy transition p...
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Short Circuiting Policy: Interest Groups and the Battle over Clean Energy and Climate Policy in the American States Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2024-01-05 Gilbert Michaud
Published in Journal of Energy & Natural Resources Law (Ahead of Print, 2024)
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Brexit and Energy Law: Implications and Opportunities Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2023-12-14 Peter D Cameron
Published in Journal of Energy & Natural Resources Law (Vol. 42, No. 2, 2024)
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Hydrogen production in Australia from renewable energy: no doubt green and clean, but is it mean? Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2023-11-29 Tina Soliman Hunter, Kerryn Brent, Alex Wawryk, Jordie Pettit, Nate Camatta
The energy transition necessitates hydrogen generation to meet current energy needs. Low-carbon hydrogen (green hydrogen from renewable energy, and blue hydrogen from gas with CO2 removal and stora...
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An Environmental Court in Action: Function, Doctrine and Process Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2023-11-23 Linda Yanti Sulistiawati
Published in Journal of Energy & Natural Resources Law (Vol. 42, No. 2, 2024)
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Held v Montana: the beginning of a climate change lawsuit trend in US state level courts or a one-shot wonder? Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2023-11-07 Don C Smith
Published in Journal of Energy & Natural Resources Law (Vol. 41, No. 4, 2023)
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Increased financial regulation in the European Union for energy firms extensively active in energy derivatives markets? Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2023-09-29 Randy Priem
Because of the excessive prices and volatility in the energy derivatives markets over the period 2021–2023, margins increased considerably, leading major European energy companies to experience liq...
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Energy justice – the triumvirate of tenets revisited and revised Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2023-09-29 Raphael J. Heffron
It has been over a decade since the article that kickstarted energy justice research was published in 2012. It focused on the ‘triumvirate of tenets’ of justice, which were distributive, procedural...
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Exploring regulatory strategies for accelerating the development of sustainable hydrogen markets in the European Union Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2023-09-29 Max Baumgart, Saskia Lavrijssen
The development of sustainable hydrogen markets will play a vital role to achieve energy sovereignty and climate neutrality by 2050. The article analyses what tools and methods are available to con...
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Digitalisation: an enabler for the clean energy transition Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2023-09-27 Simon Dekeyrel, Melanie Fessler
Russia’s war on Ukraine and the resulting energy crisis have painfully reminded Europe that it must urgently reduce its dependence on fossil fuels. For a sustainable, secure and affordable energy f...
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Australian resources law and public policy, revisited Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2023-09-07 Michael Crommelin
This commentary reflects upon the constitutional and legal foundations of management of natural resources in Australia. It is a revised version of the 2022 Annual Lecture of the Centre for Resource...
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Can litigation assist in implementing the outcome of the global stocktake? Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2023-09-05 Brian Preston
Rising global temperatures and concentrations of greenhouse gases (GHGs) are reaching record highs. The consequences being reported globally are becoming increasingly severe. At the 26th Conference...
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Brexit and environmental law in England: where are we now? Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2023-09-05 Catherine Ann Caine
Maintaining strong standards of environmental protection was used as arguments by both leave and remain campaigns during the Brexit referendum. Some argued that Brexit would lead to the decimation ...
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Reflection on and construction of the legal regimes of nuclear damage compensation in China: a policy analysis perspective Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2023-08-08 Li Xintong, Yen-Chiang Chang
This paper explores the legal policy of nuclear damage compensation laws. As a specialised sector of nuclear law, the legal regimes on nuclear civil liability aim to provide timely and effective co...
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Reflections on the corporate social responsibility landscape for Canadian mining transnational corporations in the aftermath of Nevsun Resources Ltd v Araya Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2023-08-07 Martin-Joe Ezeudu
This paper explores the corporate social responsibility (CSR) landscape for Canadian mining transnational corporations (TNCs) in the wake of the landmark decision of the Supreme Court of Canada in ...
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Europe’s security of gas supply legislation – a short legal history and latest developments Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2023-08-02 Ruven Fleming, Marie Guérin
The security of Europe’s gas supply has been the subject of much debate. The focus, however, is often on technical or economical considerations. This article is the first to provide a comprehensive...
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Geopolitical realities of the energy transition supply chain: energy security risks and opportunities Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2023-07-28 Don C Smith
Published in Journal of Energy & Natural Resources Law (Vol. 41, No. 3, 2023)
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The energy transition and energy security nexus: an outlook for the United Kingdom Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2023-05-18 Victor C Azubike
The energy transition and achieving net-zero goals were viewed as a straight road – in some quarters. Still, with the realities on the ground, energy security has emerged as another path governments must earnestly consider. The government of the United Kingdom has backed, and committed itself to achieving, a greener and clean-energy society through various policies and laws. However, the Russian–Ukraine
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Energy law for the next generation, towards 2030 to 2050 Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2023-05-02 Raphael J Heffron
An international debate is needed on what energy law is required for society to achieve its energy and climate targets for 2030 and 2050. This editorial and the special issue that follows focus on Energy Law for the Next Generation, Towards 2030 to 2050. Legal scholarship to date has not evolved sufficiently to play its role in the energy transition and in ensuring the effects of climate change are
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Implementing energy justice through a new social contract Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2023-05-02 Raphael J Heffron, Louis De Fontenelle
The relationship between the energy sector and society is one that remains mired in controversy. There are multiple problems such as climate change, environmental impacts, economic and governance issues. With these problems continuing to exist, the energy sector has lacked any fully successful solutions. This conceptual paper calls for implementing the key theoretical perspective of energy justice
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Just energy business needed! How to achieve a just energy transition by engaging energy companies in reaching climate neutrality: (re)conceptualising energy law for energy corporations Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2023-05-02 Maciej M Sokołowski, Madeline Taylor
Public administration and energy regulators provide policy and economic support to achieve climate neutrality; however, the role of key stakeholders in energy transition, such as energy companies, is critical to a just energy transition. Corporate voluntary incentives to guide, support and pressure companies to disclose their climate-related risks are becoming commonplace internationally. Yet, formal
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Finding a needle in a haystack? Identifying degrowth-compatible provisions in EU energy law for a just transition to net-zero by 2050 Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2023-05-02 Romain Mauger
Research shows that relying on a green growth strategy to limit climate change is, at best, a gamble. Degrowth represents a much safer way, relying on a steep reduction in energy and materials consumption, starting with developed countries. Consequently, the concept of degrowth should be implemented within European Union (EU) energy law to reach its net zero target by 2050. This academic article is
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Prospects and challenges of Islamic finance instruments for low-carbon energy transitions: a legal analysis from an energy justice perspective Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2023-05-02 Ridoan Karim
Recently, there has been a discussion of ‘energy justice’ in academic and conceptual settings, with a focus on analysing the term from a policy perspective. Recent studies have investigated how energy justice principles can be incorporated into new energy business models and emphasised the need to implement them into policy decision-making processes. However, there has been no comprehensive study from
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Pathways of scholarship for energy justice and the social contract Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2023-05-02 Raphael J Heffron, Louis De Fontenelle, Chioma Basil, Inigo Del Guayo Castiella, Sufyan Droubi, Mohammad Hazrati, Halima I Hussein, Diane Kraal, Darren McCauley, Alicia Phillips, Emmanuelle Santoire, Xavier Arnauld de Sartre
The energy sector is increasingly out of date and in need of a new direction. There continues to be a myriad of issues emanating from the sector, most notably with climate change, environmental impacts and economic governance. Climate change continues at pace and with the United Nations having already declared there to be a climate emergency. Yet the response of energy sector stakeholders with the
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The European Union facing the abyss: legislative review in the face of the energy crisis, 2022 Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2023-03-16 Javier Arribas Cámara, Vicente Sánchez Jiménez
The European Union has suffered an energy crisis since June 2021 due to cyclical and structural factors, such as the climate crisis, the war in Ukraine and dependence on fossil fuels. EU leaders agreed on a new energy strategy to tackle the crisis and lay the foundations for a sustainable and decarbonised economy. The article aims to analyse energy prices and supply and the measures Europe took in
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Playing with fire: part II Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2023-02-02 Don C Smith
Published in Journal of Energy & Natural Resources Law (Vol. 41, No. 1, 2023)
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Critical reflections on the Juukan Gorge parliamentary inquiry and prospects for industry change Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2023-02-02 Deanna Kemp, Kathryn Kochan, John Burton
In May 2020, when Rio Tinto destroyed ancient rockshelters in Western Australia to expand an iron ore mine, public outcry triggered a parliamentary inquiry. The value and effect of public sector in...
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Regulating the future hydrogen trade in the EU: WTO law considerations Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2023-01-31 Moritz Wüstenberg
The concept for the extensive use of hydrogen as an energy carrier is not new but has regained traction recently. To drive the development of the hydrogen economy, national regulatory frameworks fo...
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The right to a clean, healthy and sustainable environment: how to make it operational and effective Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2023-01-31 Brian J Preston
In the last year, the United Nations General Assembly has adopted, and New York State's Constitution Bill of Rights has been amended to include, a right to a healthy environment. This continues a t...
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EU carbon emission allowances as environmental and financial instruments – is it possible to kill two birds with one stone? Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2023-01-10 Ilona Przybojewska, Michał Pyka
In this paper, the consequences of recognition of carbon emission allowances as financial instruments under the EU financial markets law including Directive 2014/65/EU of 15 May 2014 on markets in ...
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The challenges of sharing data at the intersection of EU data protection and electricity market legislation: lessons from the Netherlands Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2022-12-07 Brenda Espinosa Apráez
This article examines the interplay between the General Data Protection Regulation and the rules for access to consumer data introduced by the Recast Electricity Directive (2019/944). It brings ins...
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Nuclear safety: a global challenge in the context of the war in Ukraine Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2022-12-02 Ye Duliba
The war in Ukraine has challenged the nuclear safety of Ukraine, Europe and the world. This article examines the problems of nuclear safety in Ukraine and outlines some solutions to this ongoing crisis, as well as improvements to international norms where required. In addressing these issues, there is a critical need to revise the existing standards of nuclear safety to prevent nuclear terrorism, create
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Local communities and transparency in Indonesian mining legislation Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2022-12-02 Primi Suharmadhi Putri
As Indonesia’s mining industry plays an important role in the national economy and global mineral supply chain, local communities and the environment are increasingly affected by the mining industr...
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Historic climate change legislation becomes law: the United States becomes serious (at least for now) on combatting climate change Journal of Energy & Natural Resources Law (IF 1.6) Pub Date : 2022-11-10 Don C Smith
Published in Journal of Energy & Natural Resources Law (Vol. 40, No. 4, 2022)