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Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to legislation and legal practice concerning energy resources and production in South Africa. The book describes the administrative organization, regulatory framework, and relevant case law pertaining to the development, application, and use of such forms of energy as electricity, gas, petroleum, and coal, with attention as needed to the pervasive legal effects of competition law, environmental law, and tax law. A general introduction covers the geography of energy resources, sources and basic principles of energy law, and the relevant governmental institutions. Then follows a detailed description of specific legislation and regulation affecting such factors as documentation, undertakings, facilities, storage, pricing, procurement and sales, transportation, transmission, distribution, and supply of each form of energy. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are explained. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for energy sector policymakers and energy firm counsel handling cases affecting South Africa. It will also be welcomed by researchers and academics for its contribution to the study of a complex field that today stands at the foreground of comparative law.
This comprehensive volume of the Elgar Encyclopedia of Environmental Law provides an overview of the major elements of energy law from a global perspective. Based on an in-depth analysis of the energy chain, it offers insight into the impacts of climate change and environmental issues on energy law and the energy sector. This timely reference work highlights the need for modern energy law to consider environmental impacts and promote the use of clean energy sources, whilst also safeguarding a reliable and affordable energy supply.
Energy justice has emerged over the last decade as a matter of vital concern in energy law, which can be seen in the attention directed to energy poverty, and the United Nations Sustainable Development Goals. There are energy justice concerns in areas of law as diverse as human rights, consumer protection, international law and trade, and in many forms of regional and national energy law and regulation. This edited collection explores in detail at four kinds of energy justice. The first, distributive justice, relates to the equitable distribution of the benefits and burdens of energy activities, which is challenged by the existence of people suffering from energy poverty. Secondly, procedural (or participation) justice consists of the right of all communities to participate in decision-making regarding energy projects and policies that affect them. This dimension of energy justice often includes procedural rights to information and access to courts. Under the concept of reparation (or restorative) justice, the book looks at even-handed enforcement of energy statutes and regulations, as well as access to remedies when legal rights are violated. Finally, the collection addresses social justice, with the recognition that energy injustice cannot be separated from other social ills, such as poverty and subordination based on race, gender, or indigeneity. These issues feed into a wider conversation about how we achieve a 'just' energy transition, as the world confronts the urgent challenges of climate change.
"Power-sector reform and regulation in Africa offers detailed, up-to-date and original research into how governments and policymakers in six African countries have grappled with the development of their energy sectors. Arising out of a two-year peer-learning process involving senior executives in the electricity regulators in each country, the book contains an intelligent and clear analysis of the knowledge and shared experiences gathered in Africa by African scholars."--Publisher's note
Africa’s leading producer of electricity, Eskom Holdings SOC Ltd, is also a vertically integrated monopoly, owned by the South African state. This national champion was shaken in 2008, when it was obliged to introduce ‘load shedding’, or rolling blackouts, and again in late 2014. Trying to understand how and why one of the iconic pillars of South African state capitalism is now in distress, the authors of this book argue that the so-called electricity crisis is in fact a public monopoly crisis. Moving beyond technical aspects, they explore the relationship between state power and Eskom before, during and after apartheid. From this perspective, they suggest that the current technical and financial troubles of this public utility are illustrative of the weakening of its technopolitical regime, of how national institutions have governed Eskom’s technological development, and of the pursuit of political goals in the production of electrical power. Without a clear industrial strategy during the 2000s, Eskom became a powerful tool of Broad-Black Economic Empowerment as well as a neopatrimonial system which generates profits captured by the ruling party. As a result, crisis in Eskom shakes the whole political edifice. Inefficient and its finances increasingly under scrutiny, this state-owned enterprise’s existence as a monopolistic public utility is regularly a subject of debate. The authors discuss the ambivalent role of Eskom in the national energy transition policy and whether solutions point in the direction of de-integrating this public monopoly and allowing its current technopolitical regime to enter a planned or natural decline.
Shows that economic concerns about jobs, costs, and consumption, rather than climate change, are likely to drive energy transition in developing countries.
With the inclusion of access to energy in the sustainable development goals, the role of energy to human existence was finally recognized. Yet, in Africa, this achievement is far from realized. Omorogbe and Ordor bring together experts in their fields to ask what is stalling progress, examining problems from institutions catering to vested interests at the continent's expense, to a need to develop vigorous financial and fiscal frameworks. The ramifications and complications of energy law are labyrinthine: this volume discusses how energy deficits can burden disabled people, women, and children in excess of their more fortunate counterparts, as well as considering environmental issues, including the delicate balance between the necessity of water for drinking and cleaning and the use of water in industrial processes. A pivotal work of scholarship, the book poses pressing questions for energy law and international human rights.