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Towards shared legal foundations for the global energy transition

Panel: 3. Policy, finance and governance

This is a peer-reviewed paper.

Author:
Tedd Mose, University of Oxford, United Kingdom

Abstract

A critical challenge to the just energy transition is that it is antithetical to how the global energy industry evolved; largely through centralised power. Emerging multi-scalar energy systems (mini, micro, and pico) contradict the historical focus on fossil-fuelled and utility scale projects. Energy efficiency objectives are at the heart of evolving global energy systems. However, international energy law instruments that promote access to modern, affordable, and clean energy, like the International Energy Charter, have not gained global traction or prescribed binding obligations for sustainable energy investment.

Since no universal energy law instrument exists, identifying global energy law aims and principles is pivotal to better governance. Common principles expose the collective barriers to energy efficiency policies and provide a framework for addressing them at national and sub-national levels. Thus, mainstreaming fundamental energy law principles in energy policy is an imperative. Integrating shared principles into national and local energy governance structures may also be less onerous and more prudent than seeking to adopt a singular international energy efficiency legal instrument or strategy.

This paper advocates for multidisciplinary work that promotes a global legal perspective to energy efficiency that transcends national barriers. With Covid-19, there is greater focus on global connectivity and cooperation coupled with swift national legislative and policy decisions. In a global crisis, the need for research and practical action that harness public and private finance are self-evident. A similar legal approach to energy efficiency may unlock resources for better energy governance, consumption, and investment. Despite individual countries taking different policy pathways, concerted international efforts to promote fundamental principles of energy law may transform cross-sectoral governance and achieve a just energy transition.

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