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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 and recognition justice. Today in 2023, and with significant developments of the 2015 Paris Agreement and the UN Sustainable Development Goals, there needs to be a revision. Over time, the three tenets have become five as scholars began to advance thinking on energy justice into policymaking. Energy justice now is creating an impact, and policymakers and governments are beginning to recognise its value for meeting energy and climate targets. Energy justice can be a vehicle for investment and also for improving the socio-economic performance of an economy. Adopting the now five principles (tenets) of energy justice reduces the inherent risks in the energy sector and more broadly in society. The now five principles (moving beyond tenets) of energy justice are: distributive, procedural, restorative, recognition and cosmopolitan justice. These have been integrated into significant law and policy documents in the United States and Colombia, in 2022 and 2023. It is just a matter of time before many other countries begin to utilise them to achieve transformative change in their societies. [ABSTRACT FROM AUTHOR]

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 as a solution. If energy justice is implemented through a new social contract with society, then transformative change could happen. This new societal social contract is a vital development needed throughout the world where there is already a climate emergency, as declared by the United Nations. A social contract between different stakeholders in society has always been an issue in society. It was a brought to the fore in France through the work of philosopher Jean-Jacques Rousseau in the 18th century. One of Rousseau's major theories was that a civil society should ensure its citizens' rights and well-being. The energy sector is the key reason that this is not happening today. Therefore, such a new social contract could implement energy justice and achieve transformative societal change, protecting rights and ensuring well-being for all, and hence delivering a just transition to a low-carbon economy. [ABSTRACT FROM AUTHOR]

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 power to make the necessary changes in society remains slow. Too much investment continues in the old traditional energy sources. This research accepts these positions and that therefore the relationship between the stakeholders of the energy sector is imbalanced. In order to change this relationship so that it is fair, equitable and inclusive it is necessary to place (energy) justice at the core of a new social contract between the stakeholders of the energy sector (which includes policymakers, private and public energy companies, and citizens). This research advances 10 key pathways for scholarship on energy justice and the social contract. These topics need to be addressed from local to national and international levels. In resolving these research problems society can address the fundamental imbalances that exist between energy stakeholders and ensure a just and brave new world established through this new energy-just social contract. [ABSTRACT FROM AUTHOR]

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 mitigated. There remain too many gaps in the law, in particular around decommissioning of fossil fuel energy infrastructure and management of waste from fossil fuel activities, ie carbon taxes. The overall key challenges for energy law are to address climate change, environmental impacts and economic governance. New visions of what energy law must be reformed or newly formulated are needed. Currently, in education, in practice and in research, the status quo remains. The research perspectives in the articles for this special issue will hopefully inspire the next generation of energy law scholars to provide solutions. It is, after all, a key 'justice' issue to ensure that as an energy law community, we leave a foundation in place that can lead to a just transition to a low-carbon and sustainable world for future generations within the science-based critical deadlines such as 2030 and 2050. [ABSTRACT FROM AUTHOR]

There is a key role for taxation in energy and public policy following the 2020 COVID-19 and resulting financial crisis. Taxation was already under the microscope at national, regional and international levels prior to 2020, and the potential for reform may slow down. Developing countries in particular are utilising their tax systems to mitigate the impacts of the 2020 crisis. This article highlights the race to the bottom in terms of taxation as governments seek foreign direct investment (FDI). It also highlights the issues in an influential sector of the economy – that of energy – and the impact on human rights as a result of tax abuse. It is advanced here that a 'race to the bottom' in international taxation will result in further erosion of human rights. In thinking of the future and after the 2020 crisis, developing countries need to develop sustainable and resilient economic growth, and consequently they need clear and strategic taxation policy. It can be acknowledged that there is a role for FDI in a crisis-hit economy, but for taxation policy not to have negative consequences more international action is needed in this area. Aggressive tax planning and erosion of the potential to raise tax revenue cannot inhibit the progress made over the last decade on all areas of international taxation. [ABSTRACT FROM AUTHOR]

The world continues to recover from the global financial crisis of 2007-2009 and consequently project risk continues to be a key concern for lawyers. This is in particular evident in the energy sector where there is a significant need to finance energy projects. This paper focuses on electricity-generating infrastructure where estimates indicate that a minimum of $10tn in investment is needed by 2040. As lawyers need to play a role in reducing the risk for these projects, this article examines legal strategies for the mitigation of risk for energy infrastructure projects with a focus on electricity projects. The paper assesses risk for project finance in terms of liberalised and non-liberalised electricity markets, and also from a developed and developing world perspective. Further, the paper notes that energy law theory states that the need for energy infrastructure is a key driver of energy law and policy development in the world at the moment. And finally, it is acknowledged that, while project finance has been a research issue for economists for many years, it is time for lawyers to evaluate how they also can mitigate risk for project finance for energy infrastructure projects. [ABSTRACT FROM AUTHOR]

The transboundary transportation of carbon dioxide (CO2) gives rise to international legal issues not faced in other standalone carbon capture and storage (CCS) projects or domestic projects. While the European Union CCS Directive establishes a framework for CCS, it does not address specifically the issue of transboundary transportation. This will require participating Member States to agree a statutory framework for CO2 transport, which addresses issues at the international, national and local levels of law. This paper considers several key issues for developing and resolving legal issues around ownership and risk for CO2 transportation, an area with limited research literature to date. The legal challenges are examined using a ‘pilot’ project to explore and highlight specific examples. The research draws from a series of CCS industry stakeholder meetings and analysis was developed through interdisciplinary perspectives. In addition, the potential partnership arrangements are explored from a law and policy perspective with an examination of the key issues for these partnerships for Member States. Finally, this research presents a timeline for a legal strategy on resolving the issues for risk and ownership for CO2 transport. [ABSTRACT FROM AUTHOR]