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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.
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.
Energy justice is increasingly a purposive element of energy law and regulation. This collection explores how laws are constructed and how they could be applied in future to support an international transition in energy regulation in response to the challenges of climate change, whilst ensuring that energy is made available to all.
This book explores current developments in the African energy sector and highlights how these are likely to be affected by the ongoing global efforts to transition to a low-carbon economy. It analyses the legal, regulatory and policy frameworks at the national and regional level as they relate to Energy transition in Africa and discusses how regionalism is increasingly utilized to tackle energy access and climate change challenges. Using case studies from across the continent, several key thematic issues, including gender justice, social license to operate, local content and conflict of energy laws are covered in detail. The authors also uniquely examine the progressive nature of global energy use and introduce the new concept of ‘Energy Progression.’ This book will be an invaluable reference for researchers and policymakers looking for a comprehensive overview of the field.
This book examines the contemporary and contentious question of the critical connections between business and human rights, and the implementation of socially responsible norms in developing countries, with particular reference to Kenya, Nigeria, and South Africa. Business enterprises and transnational corporate actors operate in a complex global environment, especially when operating in high risks sectors such as oil and gas, mining, construction, banking, and health care amongst others. Understanding human rights responsibilities, impacts, and socially responsible behaviour for companies is therefore an essential component of corporate risk management in our current world. The release of the United Nations Guiding Principles on Business and Human Rights, an instrument consisting of 31 principles on this issue, has further underscored the emergence of a rapidly developing set of international law norms on human rights responsibilities of businesses and transnational corporations. It has also shaped the discourse on corporate accountability for human rights. In addition to minimizing litigation, financial and reputational risks, understanding and demonstrating corporate respect for human rights is vital to building a culture of trust and integrity amongst local communities, investors, and shareholders. While Africa has been at the receiving end of deleterious activities of corporate actors, it has failed to address corporate impunity and human rights violations by non-state actors. Questions abound revolving around the underpinnings of a corporate responsibility to respect human rights, that is, how non-western and particularly African conceptions of respect may help develop a beyond do no net harm approach to respect; policy discourses on human rights due diligence, human rights impact assessment; mandating corporate respect for human rights in both domestic and international law. This book examines, clarifies, and unpacks the guiding principles of a rights-based approach to development and social inclusion. It offers an excellent exposition of regulatory capacity, institutional efficacy, and democratic legitimacy of governance institutions that shape development including a comprehensive analysis of how states are shaping business and human rights discourses locally to develop a critical understanding of identified issues by exploring the latest theories through comparative lenses.
The number of severe and sometimes catastrophic disruptive events has been rapidly increasing. Extreme weather events including floods, wildfires, hurricanes, and other natural disasters have become both more frequent and more severe, whilst events such as the COVID-19 pandemic represent a global threat to public health with huge economic effects that recovery packages tried to address. These disruptive events, alone and in combination, have dramatic consequences on nature, human life, and the economy, calling for urgent action to mitigate their causes and adapt to their impacts. In response to discourses of collapsology and end-of-growth theories, this monograph offers an analytical approach to developing legal responses that can help ensure the needs of present and future generations can be met through energy systems, infrastructure development, and natural resources management in these times of disruption. 'Resilience' is, therefore, seen as a common framework for the interpretation and development of energy, infrastructure, and natural resources law. With a mix of thematic chapters and case studies from multiple jurisdictions, Resilience in Energy, Infrastructure, and Natural Resources Law maps and assesses legal responses to disruptive nature-based events, and examines possible legal pathways for more sustainable outcomes, based on its engagement with this concept of 'resilience' and social-ecological thinking.
A Research Agenda for International Energy Law offers a novel exploration into the future direction of research in international energy law, highlighting contemporary themes such as competition for investments, and fair and equitable access to energy.
States, corporations, and other actors worldwide have committed to measures aimed at bringing down global emissions to net zero by the year 2060 or earlier. While the need for a clean energy transition is clear, incoherently designed transition programs can pose complex environmental, social, and governance risks, including legal liability and protracted disputes. At the same time, the rush for minerals needed to manufacture clean energy technologies raises fundamental questions–most crucially, how to ensure the exploration and development of energy transition minerals in a manner that does not exacerbate resource conflicts, resource nationalism, human rights violations, protectionism, energy insecurity, social exclusions, and inequity, especially in conflict-affected and high-risk regions. By studying the legal and regulatory systems of Africa, Asia, Europe, Australasia, and North and South America through the themes of sovereignty, security and solidarity, Net Zero and Natural Resources Law provides an in-depth discussion of tools and techniques for addressing the legal and contract risks relating to the clean energy transition. This book offers a comprehensive and authoritative account of the nature, scope, and guiding principles of natural resources law and policy in a net zero era. Consideration is given to the integrated resource governance roadmap that is needed to improve coherence and coordination in the design, financing, and implementation of energy transition programs across the entire natural resource value chain.
Local Content and Sustainable Development in Global Energy Markets analyses the topical and contentious issue of the critical intersections between local content requirements (LCRs) and the implementation of sustainable development treaties in global energy markets including Africa, Asia, Europe, North America, Latin America, South America, Australasia and the Middle East While LCRs generally aim to boost domestic value creation and economic growth, inappropriately designed LCRs could produce negative social, human rights and environmental outcomes, and a misalignment of a country's fiscal policies and global sustainable development goals. These unintended outcomes may ultimately serve as disincentive to foreign participation in a country's energy market. This book outlines the guiding principles of a sustainable and rights-based approach – focusing on transparency, accountability, gender justice and other human rights issues – to the design, application and implementation of LCRs in global energy markets to avoid misalignments.
Over the years, a shortage of funds has resulted in a huge deficit in government budgets for infrastructure, especially in developing economies. It is no longer feasible for governments to bear the entire burden of funding public infrastructure. Given that an inadequate supply of public infrastructure poses a challenge for the economic development of any country, partnerships with the private sector to fund public infrastructure procurement has started to be relied on as an alternative to traditional public procurement. Public-Private Partnerships are an arrangement that allow private entities to fund, design, manage and operate public infrastructure for a term in exchange for the payment of tolls by users or the government may well be the solution to the infrastructure crisis in many developing economies. This book examines the role of law in the adoption, implementation and regulation of Public-Private Partnership in selected developing economies including Brazil, India, Nigeria and South Africa to address how to deal with overlapping laws and how the law can protect assets invested in PPP in order to attract private sector interests in infrastructure financing in developing market, showing how law can be used to create, sustain and promote PPP frameworks that take into account local circumstances in developing economies.