Adrian J. Bradbrook

Property and the law in energy and natural resources

The law of energy and natural resources has always had a strong focus on property as one of its components, but there are relatively few comparative, book-length, treatments of both property law and energy and natural resources law. The aim of this edited collection is to explore the multiple dimensions of the contemporary relationship between property and energy and natural resources law.

Development and Energy

INTRODUCTION While energy is a physical entity well understood and quantitatively defined, the concept of development is less well defined and there are different perceptions about its meaning. The World Bank measures development by the gross national product (GNP) and nations are classified in categories according to their GNP per capita. This monetization of the concept of development is not well understood, nor accepted by many, particularly in developing countries, where income per capita varies dramatically between the poor and the rich. This is not the case in the Organization for Economic Cooperation and Development (OECD) countries where there is a large middle class and variations in income are not very large. What the poor in the developing countries aspire to – and they represent seventy percent of the worlds population – is a “better life,” meaning jobs, food, health services, housing (rural or urban), education, transportation, running water, sewage communication services, security of supply, and good environment. These things are usually measured in industrialized countries by monetary transactions, but not necessarily so in many others. Climate, abundant and easily available natural resources can lead to a better life without great monetary expenses. In some countries cultural values are such that some items are less desirable than in others. In others the political system privileges some solutions over others that cost much less. This is why to compare stages of development only by GDP per capita can be quite misleading.

Energy and Poverty: A Proposal to Harness International Law to Advance Universal Access to Modern Energy Services

Although the Millennium Development Goals, declared by the General Assembly in the Millennium Declaration in 2000, do not refer specifically to energy, in reality none of the goals can be attained without universal access to modern energy services. Recent reports from the United Nations have drawn attention to the link between energy and poverty, and have shown that the access to modern energy services is essential for lifting peoples out of poverty and fundamentally improving their quality of life on an everyday basis. This article examines the nature and magnitude of the situation in less developed states lacking universal access to modern energy services and considers the current, limited national and international law in this area. The article then argues that it is international law that must play the major role in ensuring that universal access to energy services is realized. It considers what type of international instrument might best serve the purpose of achieving progress in improving modern energy services for those in poverty. Finally, the article provides a draft of such an instrument, together with an explanatory commentary, as a prototype of the steps that could be taken by the international community to achieve progress in this area if there is sufficient political will.

Significance of the energy charter treaty

The Energy Charter Treaty and its associated Protocol on Energy Conservation is the first binding international law document which imposes obligations on states to reduce energy consumption in all sectors of the economy. This paper considers the extent of the obligations imposed by the Treaty and Protocol, and examines which obligations are binding as opposed to merely hortatory and how international law interacts in this field with each countrys domestic laws. The paper concludes with a preview of likely future developments and modifications to the Energy Charter Treaty, including the likelihood and possible contents of further future Protocols.

Sustainable Energy Law: the Past and the Future

This article examines the history of the development of sustainable energy law over the past 30 years, the lifespan of this Journal, and looks forward to possible legal developments, both in national and public international law, over the next 30 years. All forms of sustainable energy are considered, with emphasis being placed on renewable energy and energy efficiency. The article examines the relevant issues from the standpoint of both developed and developing countries.

A Human Dimension to the Energy Debate: Access to Modern Energy Services

This article examines the link between the need for universal access to modern energy services and poverty alleviation in developing nations. It first outlines the practical significance of the issue, identifies the factors that appear to have contributed to the lack of progress in this area and then considers the legal strategies that have so far been adopted by states to address this issue. The article makes the case for access to modern energy services to be incorporated within the human rights framework and analyses the potential that such an approach offers as a means of alleviating poverty.

Electric Power Interconnection in North-East Asia: Towards a North-East Asian Energy Charter?

Compared with other regions, cooperative energy sector development between the countries of North-East Asia has to date remained unexplored. This situation appears to be changing, largely as a result of the intervention of the UN Economic and Social Commission for Asia and the Pacific (ESCAP), which has recently organised a North-East Asia Expert Group Meeting on Inter-Country Cooperation in Electric Power Sector Development. This article explores the recent developments in this field and considers the legal issues that may emerge over time.

The Law of Energy for Sustainable Development: Development and Energy

INTRODUCTION While energy is a physical entity well understood and quantitatively defined, the concept of development is less well defined and there are different perceptions about its meaning. The World Bank measures development by the gross national product (GNP) and nations are classified in categories according to their GNP per capita. This monetization of the concept of development is not well understood, nor accepted by many, particularly in developing countries, where income per capita varies dramatically between the poor and the rich. This is not the case in the Organization for Economic Cooperation and Development (OECD) countries where there is a large middle class and variations in income are not very large. What the poor in the developing countries aspire to – and they represent seventy percent of the worlds population – is a “better life,” meaning jobs, food, health services, housing (rural or urban), education, transportation, running water, sewage communication services, security of supply, and good environment. These things are usually measured in industrialized countries by monetary transactions, but not necessarily so in many others. Climate, abundant and easily available natural resources can lead to a better life without great monetary expenses. In some countries cultural values are such that some items are less desirable than in others. In others the political system privileges some solutions over others that cost much less. This is why to compare stages of development only by GDP per capita can be quite misleading.

Australian initiatives promoting renewable energy resources in electricity generation

This article examines in detail the current initiatives offered by the Australian federal and state governments to promote the generation of electricity by renewable energy resources. Particular emphasis is given to the new mandatory renewable energy target, which is the major federal government initiative and likely to remain so in future in light of the governments unwillingness to ratify the Kyoto Protocol or to establish a national atmospheric emissions trading scheme. Selected criticisms are given of the various government initiatives.

A Statement of Principles for a Global Consensus on Sustainable Energy Production and Consumption

At the 9th session of the Commission on Sustainable Development (CSD-9) and at the Rio+10 conference to be held in 2002, the United Nations is scheduled to consider the complex issues of energy, transport and protection of the atmosphere. Against the background of the ongoing preparatory international consultations, the authors reflect on the possibilities for achieving a global consensus on sustainable energy production and consumption. The authors advance proposals for a non-binding universal ‘Statement of Principles for a Global Consensus on Sustainable Energy Production and Consumption’ which could become the core for developing ‘soft international law’ on energy sector development and international cooperation in energy.