Search

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]

This research is a legal analysis concerning four scenarios for cross-border carbon dioxide (CO2) transport that could increase the deployment of carbon-capture and storage (CCS) deployment in Europe. The legal analysis categorizes the law into three levels--international, national and local--and considers the four scenarios in light of these three levels of energy law. Upon reviewing the four scenarios, it is clear that the Rotterdam Nucleus (referred to as the 'Pilot Case') is the leading scenario and as a result it is explored in more detail. The potential Pilot Case is based on the development of Rotterdam (in the Netherlands) as a southern North Sea hub. Under this Rotterdam Nucleus scenario, captured CO2 will be transported through the Port of Rotterdam to depleted gas fields offshore the Netherlands. CO2 will also be transported through further links using CCS infrastructure to facilitate the processing of undeveloped gas fields offshore UK. The Pilot case contemplates further expansion opportunities, increasing the capture clusters through additional pipelines, expanding to further gas fields and using the port of Rotterdam for CO2 shipping--hence the analysis of the other scenarios may be invaluable in the future development of CO2 networks in the EU. Finally, and an original contribution of this article is that it employs the three lawyers of energy law theoretical framework to an energy problem that was examined by an interdisciplinary research team. Furthermore, this research was developed further through two key industry stakeholder meetings with CCS experts in the EU. [ABSTRACT FROM AUTHOR]

The article focuses on ambition of the majority of countries across the world is to develop a low-carbon economy and Paris COP21 agreement. Topics discussed include details of Just Transition Initiative that aims uniting a climate, energy, and environmental (CEE) scholar communities; institutions across the world which includes: the Centre for Energy, Petroleum, Mineral Law and Policy (CEPMLP), University of Dundee; and University of St. Andrews.

Letter to the Editor [ABSTRACT FROM AUTHOR]

This article assesses the legal and political nature of decision-making with regards to nuclear energy policy in Turkey. The main focus is on the choice of nuclear technology and the associated safety and liability issues for Turkey’s new nuclear development plans. The article highlights the importance of legal certainty for both safety and liability in the nuclear energy sector. In particular, the liability regime in case of a nuclear accident must be clear and transparent. It also concludes that it is not the environmental impact assessment, safety concerns or liability regime but politics that is the key determinant in the choice of nuclear technology for a new nuclear project. In addition, with the planned use of the new financial model of Build-Own-Operate, this results in legal certainty being even more important for new nuclear development in Turkey. [ABSTRACT FROM PUBLISHER]

This paper explores the concepts of leadership and policy delivery in regeneration practice in a time of financial crisis. The current malaise that is affecting policy delivery is not specific to the regeneration sector. This is an opportunity to redefine how to deliver new regeneration projects. The role and definition of the concept of leadership in the area are instrumental, as is focusing on policy delivery rather than just policy planning. There are methods that can be employed by government to maintain a policy of regeneration. These possible strategies for new regeneration have to involve developing synergies between policies of regeneration and other economic policies. Further, solutions where limited funds could activate the project or revive a project are possible, but these require strong leadership. According to the literature and the practices that will be assessed, austerity need not smother regeneration policy if the latter redefines itself. Consequently, regeneration can remain as an active policy and one that delivers despite the recession. [ABSTRACT FROM AUTHOR]

Energy justice has become a leading interdisciplinary energy research topic over the last decade. There has been a realisation that the energy sector was missing an overall raison d'être , and that is to have justice permeating throughout the sector. This expert insight opens the door to a more practical element that is needed within this energy justice research. It focuses on how energy justice can be applied and implemented into the energy transition. All energy researchers can connect with the topic of justice, and as such, it should be the same when thinking of the energy sector. Normatively all researchers and practitioners should have a common goal and vision of how the energy sector should develop over the coming decades. This common goal and vision is not just brought on due to technological change that has created the energy transition but also the provision of a more fair, equal, equitable and inclusive transition (i.e., justice). National legal systems define what this justice will be and these institutions will create what in essence are the 'rules of the game' for the energy sector. This expert insight explores how these institutions act, enforce and create those rules of the game when they resolve disputes that arise. In solving these disputes between different parties, law creates the rules of the game as they interpret how law is applied in practice to different stakeholders. The legal system allocates different stakeholders rights and obligations, and ultimately decides on a hierarchy of these rights. This expert insight provides a brief overview of analysis from 100 legal cases from across the world and demonstrates which forms of justice and human rights are being implemented in the energy transition today. This represents a starting point, and the aim is that society needs to go far beyond this in order to ensure we meet in an accelerated way our future climate goals and ambitions for a sustainable world. • Implementation of energy justice will ensure the move from theory to practice. • Energy justice can be implemented through national courts. • National courts implement energy justice differently across the energy life-cycle. • National courts can implement energy justice via protecting human rights. [ABSTRACT FROM AUTHOR]

The article discusses the laws regarding business and residential leases in Great Britain as of May 2012, focusing on an attempt to restore simplicity to an apparently overly-complex system of landlord and tenant laws in the country. A historical overview of British rental and tenancy laws is provided, including an examination of the Rent Act 1915 and the Housing Act 1996. The political aspects of rental legislation changes are also addressed.

In assessing lessons to be learned from best practice in policy making and legislation, the trajectory is generally concerned with the way the developing world can 'catch up' with the practices or frameworks implemented within advanced developed economies. This paper considers the lessons that the UK can learn from urban renewal and regeneration projects undertaken in the 'majority world' countries of the Global South. The paper assesses the state of urban regeneration policy and legislation in the UK and presents a number of lessons that have emerged from different case studies of urban regeneration in a range of developing countries which could be applied to this UK urban renewal context to enable the achievement of beneficial outcomes. [ABSTRACT FROM AUTHOR]

The energy sector provides fuel for much of everyday life, particularly economically and socially. Fighting against the COVID-19 pandemic, a well-functioning and resilient energy sector is vital for maintaining the operation of critical infrastructures, including, most importantly, the health sector, and timely economic recovery. Notwithstanding its importance in everyday life and crises, the energy sector itself is currently in a complex and far-reaching transformation to combat climate change whilst supporting the transition to a low-carbon economy and society, mainly through the development of variable renewable energy sources (RES) such as wind and solar photovoltaics. This paper highlights the need for energy resilience as countries face the triple challenge of the COVID-19 health crisis, the consequent economic crisis, and the climate crisis. Focusing on Europe, it is advanced here that with the ability to balance fluctuating electricity generation and demand, flexibility allows the energy sector to utilise low-carbon RES reliably, ensuring a more resilient and sustainable energy future. This paper derives five urgent policy recommendations for Europe that address possible impacts of COVID-19 on the economic and societal prerequisites for flexibility in energy systems. • Considers the COVID-19 pandemic as an instigator for change. • Highlights the importance of flexibility for resilient energy systems. • Derives five policy recommendations concerning flexibility in energy systems. [ABSTRACT FROM AUTHOR]