Decarbonisation and the Energy Industry: Law, Policy and Regulation in Low-Carbon Energy Markets (Global Energy Law and Policy)

This timely collection of essays examines the legal and regulatory dynamics of energy transitions in the context of emerging trends towards decarbonisation and the global increase in low-carbon energy solutions. The book explores this topicby considering the applicable energy law and policy frameworks in both:(i)highly industrialised and major economies such as the US, EU, China and Australia; and(ii)resource-rich developing countries such as Nigeria and regions like Southern Africa. Comprising 16 chapters, the book delves into the trade-offs and regulatory complexities of carbon constraints in conventional energy supply systems, while maintaining a reliable and secure energy system that is equally sustainable (ie decarbonised). It highlights the importance of ensuring affordable access to energy services in developing economies as the energy transitions unfold and explores the potentials of emerging technologies such as power-to-gas and Carbon Capture and Storage. Additionally, the book also considers the international investment law implications of energy decarbonisation. Focusing on the nexus between law, regulation and institutions, it adopts a novel contextual approach to examine how and to what extent institutions can effectively facilitate more reliable, sustainable and secure energy supply systems in the twenty-first century. In a unique, holistic way, the book portrays the conventional hydrocarbon-based energy supply industry in a largely international and interconnected context. It highlights the costs, benefits and losses that may arise as the transition towards decarbonisation unfolds depending on the pathways and solutions adopted. With chapters written by leading experts in energy law and policy, the reader-friendly style and engaging discussions will benefit an international audience of policymakers, academics, students and advisers looking for a more incisive understanding of the issues involved in energy transitions and the decarbonisation of energy systems. Global Energy Law and Policy: Volume 1 Table of Contents List of Contributors Introduction: Energy in a Carbon-Constrained World I. A Contextual Narrative for Energy Transitions and Decarbonisation II. A Look at Institutions and Regulation for Energy and Decarbonisation PART I: ENHANCING SECURE AND RELIABLE ACCESS TO SUSTAINABLE ENERGY SYSTEMS IN THE TWENTY-FIRST CENTURY 1. Tradeoffs and Tensions in the American Energy Transition I. Introduction II. The American Electricity Sector III. The Green Transition in the United States IV. Conclusion 2. The US Gas Supply Boom under Carbon Constraints: Examining the Role of Regulatory Institutions I. Introduction II. Gas Production Boom and Interconnections with Electricity Supply III. Understanding GHG Emissions and Gas Supply Systems IV. US Institutions and Regulatory Approaches V. Conclusion 3. Decarbonising Gas and Electricity Systems: An Outlook on Power-to-Gas and other Technology-Based Solutions I. Introduction II. Climate Change Mitigation and Decarbonisation III. Integration of Renewables in Conventional Systems IV. US Energy Supply Systems and Operators V. RNG and P2G Systems VI. Removing, Storing and Utilising CO2 VII. Conclusion 4. Economic Waste and Environmental Problems: Natural Gas Flaring in Texas I. Introduction II. Background to Flaring in the Permian Basin III. Environmental Protection Agency and Flaring IV. Recent Litigation V. Private Rights as Measures to Stop Flaring? VI. Conclusion 5. Global Governance Networks for Climate Change and Energy Investments I. But First, History II. The Constitutive Processes of Decarbonisation Governance III. The Climate Institutions IV. Non-Climate International Governance Networks V. Non-State Responses VI. Conclusion 6. Investment Law and Decarbonisation I. Introduction II. The Investment Law Infrastructure III. Investment and Development IV. Investment Law as a Catalyst for Green Development V. Investment Law as a Brake on Decarbonisation – Developmental Implications VI. The Need for Limited but Important Reform VII. Conclusion 7. Private Mineral Rights and Africa's Shale Gas I. Introduction II. The Natural Gas Rationale III. Shale Gas Resources in Africa IV. Impediments to Shale Development Outside the United States V. The Sovereign Ownership Impediment VI. Civic Shares: A Substitute to Overcome Sovereign Ownership Impediment VII. Potential Objections to Proposals and Responses to Them VIII. Conclusion 8. International Oil and Gas Operators and Decarbonisation I. Introduction II. Climate Change Issues in Exploration and Production Activities III. Conscious Measures and Policy Push Towards Decarbonisation IV. Regulating Oil and Gas Operations and Commitments by Host States V. Changes in Energy Mix and Structure of Supply VI. Changing Patterns of Energy Disputes and Decarbonisation VII. The Legal Preparedness of States and Oil and Gas Operators for Decarbonisation under the Paris Agreement VIII. Conclusion 9. The Carbon Taxation Conundrum I. Introduction II. The Feasibility of Decarbonisation III. Modality of Payment for Decarbonisation IV. Disparate Impact of Carbon Taxation V. Conclusion PART II: ENERGY TRANSITIONS: LAW AND REGULATION IN SELECTED COUNTRIES AND REGIONS 10. A Primer on United States Energy and Decarbonisation Policy I. A Century of World Energy Leadership II. A Wavering Commitment to Decarbonisation III. Evaporating Renewable Energy Incentives IV. Major Obstacles to Future US Decarbonisation Efforts V. A (Potentially) Bright Future VI. Conclusion 11. The Integration of Renewable Energy Sources in the EU Electricity Grid: Adapting Current Market Rules to 'New Market Realities' I. Introduction II. An Overview of the State of Play of Renewable Energy in the EU III. From Passive to Active Grids and from Passive Consumers to Active Participants in the Energy Market IV. Flexible Solutions to Inflexible Generation Capacities: EU Electricity Market Reform Addressing System Flexibility V. Conclusion 12. Regulating Energy Supply in China I. Introduction II. The Political, Legal and Economic Dimensions of Governance III. Overview of Energy Sector Governance IV. The Regulation of Energy in Practice V. Conclusions 13. Energy Law and Regulation in Nigeria – Prospects for Reliable Electricity Supply I. Introduction II. Overview and Regulatory Developments in the Nigerian Power Sector III. The Energy Supply Systems IV. Regulating NESI – The Regulatory Framework V. Challenges with On-Grid Electricity Supply in Nigeria VI. The Rise of the Under-Grid and Off-Grid Solutions VII. Future Outlook – Balancing the Grid for Reliable Electri VIII. Conclusion 14. Australian Electricity Law and Policy in a Time of Energy Mar I. Introduction II. The Impact of Australia's Geography on the Provision of Electricity III. The Australian Energy Mix within the NEM IV. The Legal Framework Governing the NEM V. The Lack of Interaction between Energy Law and Climate Policy in Australia VI. Regulating for Extremes: The Worst Drought in Australia' s History and the 2019–2020 Bushfire Crisis VII. Conclusion 15. Canada's Emerging LNG Export Industry and the Project Approval Challenge I. Introduction II. Canada in the Global Energy Market III. Regulatory and Political Challenges in Canada IV. Underlying Challenges in the Canadian Project Approval Process V. Conclusion 16. Challenges and Opportunities for Energy Transitions and Decarbonisation in Southern African Countries I. Introduction II. Understanding the Transition to a Low-Carbon Energy Mix III. Energy Justice in the Transition Context IV. Decarbonisation Efforts in Southern Africa V. Challenges and Prospects for Southern African Countries in Transitioning to a Low-Carbon Economy VI. Conclusion Conclusion: An Exposition of a Contextual Approach to Energy and Decarbonisation I. Introduction II. A Brief Exposition of Lessons Learnt III. Final Thoughts Index "This timely collection of essays examines the legal and regulatory dynamics of energy transitions in the context of emerging trends towards decarbonisation and the global increase in low-carbon energy solutions. The book explores this topic by considering the applicable energy law and policy frameworks in both: (i) highly industrialised and major economies such as the US, EU, China and Australia; (ii) resource-rich developing countries such as Nigeria and regions like Southern Africa. Comprising 16 chapters, the book delves into the trade-offs and regulatory complexities of carbon-constraints in conventional energy supply systems, while maintaining a reliable and secure energy system that is equally sustainable (ie decarbonised). It highlights the importance of ensuring affordable access to energy services in developing economies as the energy transitions unfold and explores the potentials of emerging technologies such as power-to-gas and Carbon Capture and Storage. Additionally, the book also considers the international investment law implications of energy decarbonisation. Focusing on the nexus between law, regulation and institutions, it adopts a novel contextual approach to examine how and to what extent institutions can effectively facilitate more reliable, sustainable and secure energy supply systems in the twenty-first century. In a unique, holistic way, the book portrays the conventional hydrocarbon-based energy supply industry in a largely international and interconnected context. It highlights the costs, benefits and losses that may arise as the transition towards decarbonisation unfolds depending on the pathways and solutions adopted. With chapters written by leading experts in energy law and policy, the reader-friendly style and engaging discussions will benefit an international audience of policymakers, academics, students and advisers looking for a more incisive understanding of the issues involved in energy transitions and the decarbonisation of energy systems"-- Provided by publisher "This timely collection of essays examines the legal and regulatory dynamics of energy transitions in the context of emerging trends towards decarbonisation and low-carbon energy solutions. The book explores this topic by considering the applicable energy law and policy frameworks in both: (i) highly industrialised and major economies such as the US, EU, China and Australia; (ii) resource-rich developing countries such as Nigeria and regions like Southern Africa. Comprising 16 chapters, the book delves into the tradeoffs and regulatory complexities of carbon-constraints in conventional energy supply systems, while maintaining a reliable and secure energy system that is equally sustainable (ie decarbonised). It highlights the importance of ensuring affordable access to energy services in developing economies as the energy transitions unfold and explores the potentials of emerging technologies such as hydrogen networks, power-to-gas and Carbon Capture and Storage. Additionally, the book also considers the international investment law implications of energy decarbonisation. Focusing on the nexus between law, regulation and institutions, it adopts a contextual approach to examine how and to what extent institutions can effectively facilitate more reliable, sustainable and secure energy supply systems in the twenty-first century. This book portrays the conventional hydrocarbon-based energy supply industry in a largely international and interconnected context. It highlights the costs, benefits and losses that may arise as the transition towards decarbonisation unfolds depending on the pathways and solutions adopted. With chapters written by leading experts in energy law and policy, the reader-friendly style and engaging discussions will benefit an international audience of policymakers, academics, students and advisers looking for a more incisive understanding of the issues involved in energy transitions and the decarbonisation of energy systems."-- Page 4 de la couverture "This timely collection of essays examines the legal and regulatory dynamics of energy transitions in the context of emerging trends towards decarbonisation and low-carbon energy solutions. The book explores this topic by considering the applicable energy law and policy frameworks in both: (i) highly industrialised and major economies such as the US, EU, China and Australia; (ii) resource-rich developing countries such as Nigeria and regions like Southern Africa. Comprising 16 chapters, the book delves into the tradeoffs and regulatory complexities of carbon-constraints in conventional energy supply systems, while maintaining a reliable and secure energy system that is equally sustainable (ie decarbonised). It highlights the importance of ensuring affordable access to energy services in developing economies as the energy transitions unfold and explores the potentials of emerging technologies such as hydrogen networks, power-to-gas and Carbon Capture and Storage. Additionally, the book also considers the international investment law implications of energy decarbonisation. Focusing on the nexus between law, regulation and institutions, it adopts a contextual approach to examine how and to what extent institutions can effectively facilitate more reliable, sustainable and secure energy supply systems in the twenty-first century. This book portrays the conventional hydrocarbon-based energy supply industry in a largely international and interconnected context. It highlights the costs, benefits and losses that may arise as the transition towards decarbonisation unfolds depending on the pathways and solutions adopted. With chapters written by leading experts in energy law and policy, the reader-friendly style and engaging discussions will benefit an international audience of policymakers, academics, students and advisers looking for a more incisive understanding of the issues involved in energy transitions and the decarbonisation of energy systems."-- Provided by publisher "This collection of essays examines the legal and regulatory dynamics of energy transitions in the context of emerging trends towards decarbonisation and the global increase in low-carbon energy solutions. The book explores this topic by considering the applicable energy law and policy frameworks in both: (i) highly industrialised and major economies such as the US, EU, China and Australia; (ii) resource-rich developing countries such as Nigeria and regions like Southern Africa. Comprising 16 chapters, the book delves into the trade-offs and regulatory complexities of carbon-constraints in conventional energy supply systems, while maintaining a reliable and secure energy system that is equally sustainable (i.e. decarbonised). It highlights the importance of ensuring affordable access to energy services in developing economies as the energy transitions unfold and explores the potentials of emerging technologies such as power-to-gas and Carbon Capture and Storage. Additionally, the book also considers the international investment law implications of energy decarbonisation. Focusing on the nexus between law, regulation and institutions, it adopts a novel contextual approach to examine how and to what extent institutions can effectively facilitate more reliable, sustainable and secure energy supply systems in the twenty-first century. In a unique, holistic way, the book portrays the conventional hydrocarbon-based energy supply industry in a largely international and interconnected context. It highlights the costs, benefits and losses that may arise as the transition towards decarbonisation unfolds depending on the pathways and solutions adopted"-- Provided by the publisher Intro -- Table of Contents -- List of Contributors -- Introduction: Energy in a Carbon-Constrained World -- I. A Contextual Narrative for Energy Transitions and Decarbonisation -- II. A Look at Institutions and Regulation for Energy and Decarbonisation -- PART I: ENHANCING SECURE AND RELIABLE ACCESS TO SUSTAINABLE ENERGY SYSTEMS IN THE TWENTY-FIRST CENTURY -- 1. Tradeoffs and Tensions in the American Energy Transition -- I. Introduction -- II. The American Electricity Sector -- III. The Green Transition in the United States -- IV. Conclusion