Journal Article

Toward a harmonized framework for international regulation of renewable energy

Tedd Moya Mose

in Uniform Law Review

Volume 23, issue 2, pages 373-396
Published in print June 2018 | ISSN: 1124-3694
Published online May 2018 | e-ISSN: 2050-9065 | DOI: https://dx.doi.org/10.1093/ulr/uny016
Toward a harmonized framework for international regulation of renewable energy

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Abstract

This article explores ways in which there may be some coherence in the international framework for renewable energy. It proposes harmonization of this legal framework in both doctrinal and functional terms. Conceptually, renewable energy law should be founded on an overarching international energy law, which is a more authoritative concept of international law. In operative terms, various pathways could create bespoke rules or principles for the renewable energy industry. This article attempts to demonstrate how these collaborative pathways could work by suggesting that it may not be necessary to create a distinct international renewable energy law (lex renewabilia). What may work is: (i) an overarching international energy law that combines both normative and functional elements; (ii) a good matrix, such as the energy trilemma, to assess the operative issues and prospects that the law would need to balance in the promotion of renewable energy; and (iii) a more prominent role of soft law in a harmonized renewable energy framework. Soft law could have a teleological value in interpreting hard law and build broad consensus among diverse stakeholders in developing specific operative guidelines on renewable energy. This would contribute to an adaptable international framework that is as dynamic as the renewable energy sector itself. It is envisioned that these approaches may holistically deal with the peculiar challenges and opportunities for renewable energy in the transition to more sustainable global energy systems.

Journal Article.  10633 words. 

Subjects: Comparative Law ; Private International Law and Conflict of Laws

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