Energy Jurisprudence

Dear Colleagues,

The importance of energy and its relevance to society is well outlined in modern and contemporary history [1]. Energy is at the core of community life. Where we live, how we live, how we commute to work and even how we travel is made possible by energy resources. Energy is at the heart of development and makes possible the investments, innovation and new industries that are the engines of jobs, inclusive growth, and shared prosperity for entire economies [2]. Energy is critical to development and poverty reduction. Without energy, economies cannot grow, and poverty would remain endemic, stripping nations of what makes them great [3]. The role of energy and the anxiety about its supply is a primary concern for all nations, given the fact that the energy industry lies behind all societal functions [4].  As conceptualized in the words of the European Court of Justice in relation to petroleum, “Petroleum products,…are of fundamental importance for a country’s existence since not only its economy but  above all its institutions, its essential public services and even the survival of its inhabitants depend upon them.” This pivotal nature of energy makes energy law a desideratum and a multi-spatial concept.

The normative prescription and scope of energy law and the principles it should pursue are often sources of academic controversy. Viewed from a functional perspective [5], energy law is the branch of law that regulates the exploitation of energy resources [6]. As broad as this may seem, it is criticized for not marking the difference between energy law and resource law [7]. Those who make this criticism hold on to the view that energy law is about markets, the security of supply, efficiency and government policies aimed at securing energy sources at the least possible cost, including social cost [8]. A third category of pundits consider energy law as encompassing the entire energy value chain, including upstream, midstream and downstream energy law and policy. For this crop of academics, while there is no singular body of law known as energy law, the regulation of all energy carriers and energy activities can, together, be seen as energy law [9]. For these pundits, energy law lies at the core of regulation of energy-related rights and duties of various energy resources over the entire course of the energy life cycle. In relation to principles, it has been argued that energy law should account for a broad spectrum of principles including the principles of energy justice; prudent, rational, and sustainable use of natural resources; and environmental and climatic protection [10]. The extent to which global law and policy has met and can help met these objectives and principles is the concern of this Special Issue.

We invite original research articles, review papers, case studies, and policy analyses that delve into the various aspects of energy law, particularly the role which law plays in shaping and reshaping the subject. We are particularly interested in papers that explore the role of energy law in relation to facilitating investments and the financing of renewable energy, carbon capture and storage carbon adjustment and low-emission technologies. We are also interested in papers that examine regulatory strategies and approval processes in the energy sector, the role of law and policy in coordinating cross-sector collaborations, just transition and redistribution of environmental externalities, navigating transition dynamics, community engagement, etc.

We encourage contributions that offer sophisticated legal commentaries without eroding interdisciplinary challenges associated with energy law. Contributions should draw on insights from energy law, economics, finance sociology, international relations, engineering, environmental science, the built environment, regulatory studies of political science and related disciplines. Contributions should also provide rigorous evaluations, empirical evidence, and realistic policy suggestions to extend the frontiers of legal scholarship in this area of energy law.

Although authors are free to choose any topic that is related to this broad theme, this journal is particularly interested in recent developments in both the Global North and the Global South, or best practices in other parts of the world that could trigger legal and policy reform in energy regulation. Submissions addressing the following issues are particularly encouraged, and potential topics of interest include but are not limited to the following:

• Energy transition;
• Energy governance;
• Decommissioning of energy installations;
• Renewable energy financing;
• Legal solutions to address the impact of climate change, especially loss and damage assessment;
• Energy subsidies in the Global South;
• Energy taxation and the internalization of environmental externalities;
• Innovative ways of addressing energy poverty;
• Regulation of green hydrogen;
• Regulation of energy islands and implications for national security;
• Energy security;
• Harmonization of energy regulation across countries;
• Environmental justice in the energy industry;
• Energy educations and its implications for national development;
• Energy law and national security;
• Corporate social responsibility in the energy sector;
• Regulatory strategies in the energy sector;
• Regulation of carbon adjustments and implications for net-zero
• Decarbonization of the built environment;
• Loss and damage assessment;
• Energy neocolonialism as an impact of energy transition;
• Regulation of electricity markets.

[1] Olayele, F.B. ‘The Geopolitics of Oil and gas’ ; IAEE: 2015.

[2] World bank Group (WBG), ‘Energy’ (2020) available online: <Energy Overview: Development news, research, data | World Bank> accessed on 12 February 2022.

[3] WBG. ‘Towards a Sustainable Energy Future for All: Directions for the World Bank Group’s Energy Sector’; Policy Paper no. 7959, 2015. Available online: < World Bank Document> accessed on 19 March 2022

[4] Yergin, D. ‘The Quest for Oil, Money and Power’, 3rd ed.; Free Press Publishers: 2008.

[5] Bradbrook, A. Energy Law as Academic Discipline. J. Energy Nat. Resour. Law 1996, 194.

[6] Talus, K. Research handbook on International Energy Law.

[7] Heffron, R.J.; Roone, A.; et al. A Treatise for Energy Law. J. World Energy Law Bus. 2018, 34-48

[8] Talus, K. Internationalisation of Energy Law; Research Handbook on International Energy Law: 2014.

[9] Heffron, R J.; Talus, T. The Evolution of energy Law and Energy Jurisprudence: Insights for Energy Analyst and Researchers. Energy Res. Soc. Sci. 2016, 1-10

[10] Heffron, R.J. (note 7) 40.

Dr. Okechukwu Aholu
Guest Editor

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• energy law
• energy transition
• sustainable development
• climate change
• energy governance
• green financing
• regulatory strategies in the energy sector
• decommissioning of energy installations
• energy taxation
• CSR in the energy sector