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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]

The prominent growth in environmental, social and governance (ESG) investment is evident, with the number of global assets managed sustainably more than doubled over the last decade. This trend is expected to continue until 2030. This type of financial data is positive but given the United Nations stated 'climate emergency' and 'climate survival' in society today, there needs to be an even greater acceleration of growth in ESG investment. Unfortunately, significant negativity has emerged on ESG in recent years. This 'Cutting Edge' study explores the reasons why and how ESG investment has veered off the journey towards enabling society to achieve both its targets under the 2030 United Nations Sustainable Energy Agenda and the 2015 Paris Agreement. It examines the factors prompting leading multinational companies, particularly in the energy and food sectors, to shift their corporate strategies. The key message advanced is that ESG frameworks and guidelines are not problematic; rather, the issue lies in the practice of ethics in decision-making within corporations. Addressing this ethical challenge, which is at the heart of ESG practices, across different professions and disciplines can rebuild trust among stakeholders in ESG investing. This form of interdisciplinary 'just transition ethics' can re-orient us back on the journey towards a just and sustainable world. • Reviews the importance and positive impact of ESG investments. • Negativity concerning ESG is noted but is misguided. • Key challenge is to diffuse ethics into ESG decision-making and frameworks. • Advances the need for 'just transition ethics' to align ESG with the just transition. [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]

Highlights • The Energy Justice Metric (EJM) quantifies energy justice. • The EJM balances competing aims of the energy trilemma. • Presents energy justice performance of US, UK, Germany, Denmark and Ireland. • The EJM addresses inequality in the energy sector and society. Abstract Energy justice is a fast emerging research and policy tool which captures the injustices across the energy life-cycle, i.e., from 'cradle-to-grave'. The Energy Justice Metric (EJM) quantifies energy justice through analyzing the energy justice performance of different countries utilising data from international institutions and national governments. This paper identifies why there is a need for a modeling tool such as the EJM which focuses on the full energy life-cycle and also has a distributive (inequality-correcting) oriented approach. The EJM demonstrates how a country can achieve an improved balance between the three competing aims of the energy trilemma, i.e. economics, politics and the environment. A key feature of the EJM is modeling energy justice using a ternary plot where the energy justice performance of a country can be transferred directly onto the energy trilemma. In this paper, five countries are analysed, the US, UK, Germany, Denmark and Ireland. The EJM presents a research and policy decision-making tool that can contribute to the growing literature that tackles the issue of inequality in society, and informs on society's decision on which energy source would be more just for a society to build. [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]

Nuclear liability regimes are important as they ensure that potential victims will be compensated promptly and efficiently after a nuclear accident. The accident at Fukushima Daiichi in Japan in 2011 prompted a review of the global nuclear liability regime that remains on-going. Progress has been slow, but over the next few years the European Union is set to announce its new proposals. Meanwhile, in 2015, another global nuclear liability regime, the Convention on Supplementary Compensation for Nuclear Damage, has entered into force. This paper aims to move the debate in the literature on nuclear liability and focuses on the four following major issues: (1) reviews third-party nuclear liability regimes currently in operation around the world; (2) analyses the international nuclear liability regime following the accident at Fukushima Daiichi; (3) comparatively assesses the liability regimes for nuclear energy and the non-nuclear energy sector; and (4) presents the future outlook for possible developments in the global nuclear liability regime. [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 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]

Highlights: [•] Describes the nexus of energy justice, supply and security. [•] Three tenets of energy justice: distributional, procedural and recognition justice. [•] Application of energy justice promotes growth of an supply chain and energy security. [ABSTRACT FROM AUTHOR]

Abstract With the dual challenges of reducing emissions from fossil fuels and providing access to clean and affordable energy, there is an imperative for a transition to a low carbon energy system. The transition must take into consideration questions of energy justice to ensure that policies, plans and programmes guarantee fair and equitable access to resources and technologies. An energy justice framework is outlined to account for distributional, procedural and recognition inequalities, as well as emerging themes such as cosmopolitan and non-Western understandings of justice, in decision-making relating to energy systems. The spectrum of research offers critical perspectives on the energy transition as well as tools for decision-making and policy processes. Quantitative, qualitative and mixed methods all contribute to our understanding of the problems and the success of responses. The studies presented in this special issue illustrate that the field of energy justice is a rapidly growing arena. There is constant innovation taking place in enabling the transition with new structures, processes and metrics being introduced to guide decision-making and a more holistic view of the community emerging where acceptance, mobilisation and empowerment are opening possibilities for a just transition to a low carbon energy system. The importance of introducing the interdisciplinary approach between social sciences and natural sciences as well engineering implementation supported by scientific data and experiments shall be emphasized in future studies. [ABSTRACT FROM AUTHOR]

We present the results of a structured discussion held in London in July 2014 involving a panel of experts drawn from three communities: specialists on aspects of risk and insurance; lawyers concerned with issues of nuclear law; and safety and environmental regulators. The discussions were held on the basis of participant anonymity. The process emphasised three considerations: conceptions of loss arising from a severe nuclear accident; the specifics of the Fukushima-Daiichi accident and what it means for policy and strategy going forward; and the future of liability regimes. We observe some stoicism from those closest to imple- mentation of policies and procedures associated with nuclear risks, but a lower level of certainty and confidence among those concerned with nuclear energy regulation. [ABSTRACT FROM AUTHOR]