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Research Handbook on Energy, Law and Ethics

Edited by: Malik R. Dahlan, Rosa M. Lastra, Gustavo Rochette

ISBN13: 9781839100826
Published: November 2022
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £234.00



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This Research Handbook offers crucial ethical perspectives on navigating the increasingly complex and contested landscape of contemporary energy law. Taking an interdisciplinary approach, it brings together diverse scholarship and expertise from academia, international organizations, legal practice and the judiciary to address wide-ranging issues linking energy and law to ethical drivers such as wealth, peace and war, development, climate change, and use and abuse of natural resources.

The Research Handbook investigates first the governing dynamics of energy, law and ethics, providing a conceptual overview of key topics. It then examines the ethics of financing energy projects, renewable energy transition and climate change mitigation. The final part is a case study of energy, law and ethics in practice. Throughout, the Research Handbook draws on the vital underlying theme of intergenerational equity, offering a toolbox of arguments for framing the law and policies that will shape the future of the planet.

The Research Handbook on Energy, Law and Ethics will be an essential resource for scholars and practitioners working in all areas of energy law, particularly its intersections with climate change, renewable energy transition and environmental justice. Negotiators and policymakers will also find its delineation of current debates and reference to practical experience invaluable.

Subjects:
Energy and Natural Resources Law
Contents:
Foreword: In search of radical hope
Acknowledgements
Introduction to Research Handbook on Energy, Law and Ethics
Malik R. Dahlan, Rosa M. Lastra and Gustavo Rochette

PART I. GOVERNING DYNAMICS OF ENERGY, LAW AND ETHICS
1. The decade of the energy transition
Howard Covington
2. Distributive justice and the global governance of energy
Arthur Feitosa and Jorge E. Viñuales
3. Moral drivers and lenses: Policy, economy, faith and climate change
Michael G. Pollitt
4. Energy between justice and ethics: A re-classification of theoretical lenses for a forward-looking epistemology
Malik R. Dahlan and Gustavo Rochette
5. Energy law and geopolitics: Oil and the struggle for the Middle East
Malik R. Dahlan
6. Climate change and ethics
James Dallas
7. The emergence of ethics in global climate litigation
Michael B. Gerrard

PART II. ETHICS, FINANCE AND INVESTMENT
8. Introductory comments: Ethical finance?
Rosa M. Lastra and Michael Tsang
9. Finance and development: Net-zero aligned environmental, social and governance standards
Simona Marinescu
10. How international financial institutions help deliver the sustainable development goals
Marie-Anne Birken and Katherine Meighan
11. Sovereign wealth funds and ethical investment: The case of Norway
Rosa M. Lastra, Tom Fearnley and Lucia Satragno
12. The Equator Principles and standards applicable to the financing of energy sector projects
John L. Taylor and Theodora A. Christou
13. Knowledge sharing as ethics of development: The Asian Development Bank as a case study 207
Daniele Quaggiotto
14. Energy investment redefined: Will ethics become a criterion?
Norah Gallagher

PART III. ENERGY, LAW AND ETHICS IN TRANSITION
15. Ethical drivers and challenges of energy efficiency law
Gabriela Prata Dias
16. The law of gravitas: The energy transition, renewable energy and ethics
Tedd Moya Mose
17. Ethical drivers for the renewable energy transition
Uma Outka
18. The ethical contribution of the EU’s ESG disclosure regime
Silke Goldberg and Jannis Bille
19. China’s energy in transition: Ethical considerations in the energy policies and legislation for the 21st century
Libin Zhang
20. Ethical issues associated with multi-customer microgrids
Richard T. Stuebi
21. Is there a human right to energy?
Estela B. Sacristán
22. Governing water ethically – A shifting waterscape
Erum Sattar
23. Ethics, energy technology transfer and international law
Victoria Sutton

PART IV. ENERGY, LAW AND ETHICS POLICY IN PRACTICE
24. The Scotia Process Report
Gustavo Rochette and Krystel von Kumberg
25. Statement of Urgency addressed to the United Nations Secretary-General declaring an international diplomatic emergency on climate
Scotia Group Inception Commission
26. Climate20+ – Pathways to success at COP26: an unprecedented challenge, requiring an urgent G20 climate diplomatic agenda
Scotia Group Inception Commission
27. A proposal to achieve a Glasgow Agreement: Core Commitments for states on climate action to reach net zero by 2050
Scotia Group Inception Commission
28. Policy Proposal 2 – Guiding propositions on binding climate commitments
Howard Covington
29. Policy Proposal 3 – Community action
Andrew Kerr
30. Policy Proposal 4 – Engaging the young
James Wright
31. Policy Proposal 5 – Framework climate laws
Maria-Krystyna Duval
32. Policy Proposal 6: Greening dispute resolution
Wolf von Kumberg and Annette Magnusson
33. Policy Proposal 7 – Communications
Katherine Stewart
34. Policy Proposal 8 – The Model Statute for proceedings challenging government failure to act on climate change
International Bar Association
PART V. EPILOGUE
The Scotia Communique: An Intergenerational Contract
Delivered by Her Majesty Queen Noor of Jordan

Index