Energy Justice and Energy Law

ISBN : 9780198860754

Inigo del Guayo; Lee Godden; Donald D. Zillman; Milton Fernando Montoya; Jose Juan Gonzalez
384 ページ
171 x 246 mm

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.


Part I. Introduction

1 Inigo del Guayo, Lee Godden, Don Zillman, Milton Fernando Montoya, and Jose Juan Gonzalez: Introduction

Part II. Conceptual and International Law Context

2 Aileen McHarg: Energy justice: understanding the ethical turn in energy law and policy

3 Inigo del Guayo: Energy poverty and energy access: a legal analysis

4 Catherine Redgwell and Lavanya Rajamani: And just for all? Energy justice in international law

Part III. Procedural Justice, Community Participation, and Restorative Justice

5 Annalisa Savaresi: Community energy and a just energy transition: what we know, and what we still need to find out

6 Catherine Banet: Electricity network tariffs regulation and distributive energy justice: balancing the need for new investments and a fair energy transition

7 Lee Paddock and Achinthi Vithanage: Collaborating with underserved communities to contribute to decarbonization in the U.S.

8 Anatole Boute: Energy justice along the New Silk Road: balancing investors' and consumers' rights in Central Asia

Part IV. Consumers at the Frontline of a New Energy Justice

9 Hanri Mostert and Tjakie Naude: State protection of energy consumers: between human rights and private sector regulation

10 Martha Roggenkamp and Lea Diestelmeier: Energy market reforms in the EU: a new focus on energy poverty and energy (in)justice

11 Lee Godden: Energy justice and energy transition in Australia: from remote access to consumer protection

Part V. Access to Energy, Poverty, and Distributive Justice

12 Barry Barton and Jennifer Campion: Justice and the design of climate change legislation: avoiding regressive measures

13 Milton Fernando Montoya and others: Meanings of energy poverty in the South American context: a regional overview

14 Al Lucas: The challenges of rural electrification in Canada

15 Damilola S. Olawuyi: Energy poverty in the Middle East and North African (MENA) region: divergent tales and future prospects

Part VI. Energy at the Centre of Social (or Recognition) Justice

16 Don Zillman and Don Smith: Trump's America and its impact on energy justice

17 Jose Juan Gonzalez: Energy justice, law, and poverty in the context of Mesoamerican countries

18 Wang Mingyuang and Yang Xue: Energy justice in transitional China: law and policy perspective

19 Yinka Omorogbe: Power to the people? Comparative analyses of energy access in Ghana, Rwanda, and Nigeria

Part VII. Conclusion

Inigo del Guayo, Lee Godden, Don Zillman, Milton Fernando Montoya, and Jose Juan Gonzalez: Conclusion


Inigo del Guayo is Professor in Administrative Law at the University of Almeria. He received his two law Decrees (LLM and PhD) from the University of Navarre. He has researched and published widely in the area of Energy Law, within a wider interest in Public Economic Law and Regulation. He is the editor and a co-author of the three editions of the Book 'Energy Law in Europe. National, European Union and International Law and Regulation' (Oxford University Press). Since 1995 he has been a member of the Academic Advisory Group (AAG) of the Section on Energy, Environment, Resources & Infrastructure Law (SEERIL) of the International Bar Association. He is Vice-president of the Spanish Energy Law Association (AEDEN) and member of the Scientific Committee of the European Federation of Energy Law Associations.; Lee Godden is the Director of the Centre of Resources, Energy, and Environmental Law at Melbourne Law School, The University of Melbourne. She teaches Environmental Law, Water Law, Climate Change and Disaster Law, and Legal Theory. Her research interests include energy law and transition and natural resources law, property and environmental law scholarship and Indigenous peoples' rights to land and waters. She has published widely in these fields. Previously, she was an Australian Law Reform Commissioner. Currently she is Chair of the Academic Advisory Group, Section on Energy, Environment, Natural Resources, and Infrastructure Law (SEERIL), International Bar Association.; Donald N. Zilllman is Godfrey Professor of Law and former Dean of the University of Maine Law School. He served as President of the University of Maine at Presque Isle from 2006-12. He has written and consulted on energy law matters since the 1980s and has been Lead Editor, Editor, and author on most of the collaborations of the Academic Advisory Group of the International Bar Association and Oxford University Press since 2002.; Milton Fernando Montoya has completed Post-Doctoral Studies at Dundee University (United Kingdom). He received his PhD in law from the Universidad Complutense de Madrid (Spain), and his master's degree in Energy Law from the Instituto Superior de la Energia (Spain). He is a lawyer and Research Director at the Institute of Mining and Energy Law at Universidad Externado de Colombia. He is an Honorary Lecturer at the Centre for Energy, Petroleum and Mineral Law and Policy, University of Dundee (UK), member of the Academic Advisory Group (AAG), Section on Energy, Environment, Natural Resources and Infrastructure Law (SEERIL), International Bar Association (IBA), and member of the board of the Colombian Mining and Petroleum Bar Association. He is a founding partner of Estudio Juridico Montoya & Asociados, and legal advisor for Colombian mining and energy companies and authorities. ; Jose Juan Gonzalez received his LLM in Economic Law from Metropolitan Autonomous University, Mexico, and his PhD in Environmental Law from the University of Alicante, Spain. He is Full Professor and Researcher at the Metropolitan Autonomous University in Mexico, chairman of the Mexican Institute for Environmental Law Research, and Director of the Mexican Environmental Law Journal. Professor Gonzalez is a fellow of the National Research System of the Mexican Council of Science and Technology, level III. He is a member of the Governing Council of the IUCN Academy of Environmental Law and of the Academic Advisory Group of the International Bar Association, Energy, Environment and Infrastructure Law section. He was Director of the Legal Division of the Attorney General's Office for Environmental Protection. In 1999, he drafted the Environmental Act of Mexico City, which is currently in force.