scholarly journals Recent Regulatory and Legislative Developments of Interest to Energy Lawyers

2016 ◽  
Author(s):  
Evan W. Dixon ◽  
Hazel A. Saffery ◽  
C. James Cummings

This article provides an overview of recent regulatory and legislative developments of interest to energy lawyers. This includes the legal, political, and economic background to, and consequences of, new legislation and regulatory regimes. This also includes discussions of recent and ongoing judicial and regulatory decisions involving energy law. Topics discussed include market access, environmental and climate change regulation, Aboriginal consultation, and utilities regulation.

2018 ◽  
pp. 577
Author(s):  
Carolyn Milne ◽  
Vivek Warrier ◽  
Dierdre Sheehan ◽  
Blake Williams

This article provides an overview of recent regulatory and legislative developments from May 2017 to April 2018 of interest to energy lawyers. This includes the legal, political, and economic background to, and consequences of, new legislation and regulatory regimes. Also included are discussions of recent and ongoing judicial and regulatory decisions involving energy law. Topics discussed include market access and pipeline matters, climate change regulation, impact assessment changes, Aboriginal consultation, and abandonment liability.


2020 ◽  
Vol 12 (4) ◽  
pp. 1650 ◽  
Author(s):  
Nasir Mahmood ◽  
Muhammad Arshad ◽  
Harald Kaechele ◽  
Muhammad Faisal Shahzad ◽  
Ayat Ullah ◽  
...  

Climate change is a severe threat to the agricultural sector in general and to rainfed farming in particular. The aim of this study was to investigate the factors that can potentially affect the adaptation process against climate change. This study focused on wheat farmers and farming systems in the rainfed agroecological zone of Pakistan. Farmers’ data related to climate change fatalism, the availability of climate-specific extension services, socioeconomic and institutional variables, and farm characteristics were collected. A logit model to assess farmers’ decisions to adopt an adaptation measure and a multinomial logit model to assess their choice of various adaptation measures were used. The results showed that fatalistic farmers were unlikely to implement climate change adaptation measures. The variables related to the climate-specific extension services, including farmers’ participation in training on climate-resilient crop farming and the availability of mobile communication-based advisory services, had highly significant and positive impacts on farmers’ decisions and their choice of adaptation measures. Input market access and tractor ownership also had positive and significant impacts on farmers’ decisions to adapt and their choice of adaptation measures. This study highlights the need to improve rainfed-wheat farmers’ education levels to change their fatalistic attitudes towards climate change. Furthermore, government action is needed to provide climate-specific extension services to ensure sustainable production levels that will ultimately lead to food and livelihood security under a changing climate.


Author(s):  
Natasha Affolder

Climate change shatters the idea that jurisdictional borders and doctrinal debates about the scope of the “legal” are the sole tensions with which a concept of transnational law must contend. Climate change exposes a further fault line underlying legal thought and practice—the ultimate frailty of a model of human/nature interactions premised on the background assumption of an inexhaustible planet of infinite resources. Newly minted climate laws and climate lawsuits are emerging not against a blank slate but rather in a context where the concept of nature as a resource to be exploited for human use is deeply embedded in and through law. This chapter reaches beyond the most visible manifestations of climate law—legislation and lawsuits that appear already bearing the climate law label—to explore the ways in which a transnational law lens illuminates the rather larger subject areas of unenvironmental law and unclean energy law.


AJIL Unbound ◽  
2015 ◽  
Vol 109 ◽  
pp. 147-152
Author(s):  
Lincoln L. Davies

As the world turns its attention to Paris this December, all eyes will be on international decisionmakers, including those from the United States, to see if meaningful progress on climate change can finally be made. Climate change, of course, is the great environmental challenge of our time, a challenge that is irrevocably bound up with energy production and consumption. This “super wicked” problem long has been seen as a political, economic, ecological, and social one. However, as Pope Francis’ encyclical makes clear, it is a moral problem as well.


2017 ◽  
Vol 23 (3) ◽  
pp. 234-256 ◽  
Author(s):  
Edward B. Barbier ◽  
Jacob P. Hochard

AbstractOur spatial analysis indicates that in 2000 over one third of the rural population in developing countries was located on less favored agricultural land and areas, which are constrained by biophysical conditions or poor market access. We examine whether these spatial distributions of rural population in 2000 influence subsequent changes in the rate of poverty from 2000 to 2012 in 83 developing countries. We find no evidence of a direct impact on changes in poverty, but there is a significant indirect impact via the elasticity of poverty reduction with respect to growth. If climate change leads to more people concentrated in these areas, or an increase in unfavorable agricultural regions, then the poverty-reducing impact of overall per capita income growth could be further weakened. Reducing poverty will require targeting rural populations in less favored lands and remote areas and encouraging out-migration.


2014 ◽  
Vol 16 ◽  
pp. 189-221 ◽  
Author(s):  
Julian Ghosh

AbstractThe principle of mutual recognition tests a potential breach of internal market treaty provisions and restricts the scope for a Member State to justify a breach by reference to what happens, or has happened, in a different Member State. The principle of mutual recognition is a distinct principle to that of non-discrimination and does not apply by reference to the functional equivalence of Member States’ regulatory regimes. Mutual recognition has been developed by the Court of Justice of the European Union (CJEU) as a distinct principle (perhaps a general principle) of EU Law, quite separate to the settled principles of non-discrimination and prohibition of obstacles to market access. The principle of mutual recognition entrenches a neo-functionalist model of the Union project and acts as an accelerant to the harmonisation of the domestic regimes of Member States which are subject to its application, in areas where harmonisation is realistically possible. In areas where harmonisation is not realistically possible, the application of the internal market by reference to the principle of mutual recognition sets aside non-internal-market-compliant Member States’ regulatory provisions, leaving an unsatisfactory space in these regulatory regimes. However, the principle of mutual recognition is, in the light of the application of the principles of non-discrimination and the prohibition of obstacles to market access, quite unnecessary and operates to frustrate legal certainty and the legitimate expectations of the Member States.


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