The number of severe and sometimes catastrophic disruptive events has been rapidly increasing. Extreme weather events including floods, wildfires, hurricanes, and other natural disasters have become both more frequent and more severe, whilst events such as the COVID-19 pandemic represent a global threat to public health with huge economic effects that recovery packages tried to address. These disruptive events, alone and in combination, have dramatic consequences on
nature, human life, and the economy, calling for urgent action to mitigate their causes and adapt to their impacts. In response to discourses of collapsology and end-of-growth
theories, this monograph offers an analytical approach to developing legal responses that can help ensure the needs of present and future generations can be met through energy systems, infrastructure development, and natural resources management in these times of disruption. 'Resilience' is, therefore, seen as a common framework for the interpretation and development of energy, infrastructure, and natural resources law.With a mix of thematic chapters and case studies from
multiple jurisdictions, Resilience in Energy, Infrastructure, and Natural Resources Law maps and assesses legal responses to disruptive nature-based events, and examines possible legal pathways for
more sustainable outcomes, based on its engagement with this concept of 'resilience' and social-ecological thinking.
The number of severe and sometimes catastrophic disruptive events has been rapidly increasing. Extreme weather events including floods, wildfires, hurricanes, and other natural disasters have become both more frequent and more severe, whilst events such as the COVID-19 pandemic represent a global threat to public health with huge economic effects that recovery packages tried to address. These disruptive events, alone and in combination, have dramatic consequences on
nature, human life, and the economy, calling for urgent action to mitigate their causes and adapt to their impacts. In response to discourses of collapsology and end-of-growth
theories, this monograph offers an analytical approach to developing legal responses that can help ensure the needs of present and future generations can be met through energy systems, infrastructure development, and natural resources management in these times of disruption. 'Resilience' is, therefore, seen as a common framework for the interpretation and development of energy, infrastructure, and natural resources law.With a mix of thematic chapters and case studies from
multiple jurisdictions, Resilience in Energy, Infrastructure, and Natural Resources Law maps and assesses legal responses to disruptive nature-based events, and examines possible legal pathways for
more sustainable outcomes, based on its engagement with this concept of 'resilience' and social-ecological thinking.
Part I - Introduction
1: Catherine Banet, Hanri Mostert, LeRoy Paddock, Milton Fernando
Montoya, and Iñigo del Guayo: Introduction
Part II - Defining Resilience in Energy, Infrastructure, and
Natural Resources Law
2: Nigel Bankes, Lee Godden, and Íñigo del Guayo: The Role of Law
in Fostering or Inhibiting Resilient Energy Systems
3: Catherine Redgwell: Building Resilience from the Top Down? The
Role of International Law and Institutions
4: Catherine Banet: Planning for Resilience: Resilience as a
Criterion in Energy, Climate, Natural Resources, and Spatial
Planning Law
5: Martha M. Roggenkamp: Resilient Energy Systems in the European
Union: Critical Infrastructures and Cybersecurity Regulation
6: Alexandra B. Klass and Isaac Foote: Building Resilience into
U.S. Energy Transport Infrastructure
Part III - State Legal Response to Disruption
7: Hao Zhang: Resilience and Energy Law in China in an Era of
Energy Decarbonisation
8: Lee Godden: Law, Resilience, and Natural Disaster Management in
Australia: The 'Bushfire Summer' and Critical Energy Networks
9: Damilola Olawuyi: Advancing Resilience to Price Volatility in
Oil and Gas Markets: Current Challenges and Ways Forward in the
MENA Region
10: Milton Fernando Montoya and Daniela Aguilar Abaunza: Reaction
from Public Policy and Regulation after COVID-19 Crisis in Latin
America: The Cases of Colombia and Peru in Mining and Electrical
Industry
11: José Juan González Márquez: The New Nationalism of the Mexican
Energy Policy in a Turbulent International Context
12: Don C. Smith and Donald N. Zillman: Energy Resilience in the
United States: Impact of the 2020 Presidential and Congressional
Elections
Part IV - Project Developers Legal Response to Disruption
13: Anatole Boute: Force Majeure and the COVID-19 Energy Market
Crash: Lessons for the Peak Oil Era
14: Alastair R. Lucas: Extreme Natural Event Impacts on the Energy
Sector and its Regulation: Canada and North America
15: LeRoy Paddock: Creating a Framework that Supports Resilient
Renewable Energy Generation
Part V - Strategic Financing and Economic Responses to
Disruption
16: Nadia Ahmad: Transnational Energy Law Regimes and Systems
Dynamics: Calibrating Finance Mechanisms of the International
Renewable Energy Agency and the Energy Charter Treaty
17: Hanri Mostert, Chris Adomako-Kwakye, Kangwa-Musole Chisanga,
and Meyer Van den Berg: How Strong Can You Stand if You're on Your
Knees? Financing Crises in Africa: Implications for the Natural
Resource and Energy Sectors
18: Hans Jacob Bull: Natural Damage Insurance: An Instrument for
Economic Resilience
19: Piti Eiamchamroonlarp: Public-Private Partnership in the
Reconstruction of the Energy Sector: The Case for EV Buses in
Thailand
Part VI - Managing Disruption and Resilience at Consumption Level:
Access to Energy, Demand Response, Equity
20: Barry Barton: Building Resilience from the Ground Up: Local
Supply and Demand Management with Renewables, Prosumers, Energy
Efficiency, Critical Minerals, and the Circular Economy
21: Louis de Fontenelle: Increasing the Resilience of the Energy
System Through Consumers: Towards Decentralised, Interconnected and
Supportive Ecosystems
Part VII - Conclusion
22: Catherine Banet, Hanri Mostert, LeRoy Paddock, Milton Fernando
Montoya, and Iñigo del Guayo: Conclusion - Managing Disruption and
Reinventing the Future: Resilience as Requirement for Legal
Frameworks
Catherine Banet is an Associate Professor at the University of
Oslo, Faculty of Law, Scandinavian Institute of Maritime Law,
Energy and Resources Law Department, Norway. She is specialised in
energy law, environmental law, state aids law, and EU/EEA law and
has a background in private law practice (Norway, France), the
European Commission (DG ENV), US diplomatic mission, and academia.
Professor Banet is chair of the board of the Norwegian Energy Law
Association; a
permanent member of the Academic Advisory Group of the
International Bar Association, Section on Energy, Environment,
Resource and Infrastructure Law; an Academic Fellow at the Center
on Regulation in
Europe (CERRE); and an academic co-director of the LL.M programme
North Sea Energy Law Partnership (NSELP). Hanri Mostert's expertise
fields are land and mineral law and property law. She has been a
research fellow at the Max Planck Institute for Public and
International Law in Heidelberg, Germany, and later at the
University of Freiburg in Breisgau, as a Humboldt fellow. She wrote
a monograph on Mineral Law that was cited with approval by the
Supreme Court of Appeal and relied on by the South
African Constitutional Court. As a visiting professor at the
University of Groningen, she became a co-founder of the Rethinking
Expropriation Expert Group. In her current role as SARChI Research
Chair
for Mineral Law in Africa, she is creating a book series dealing
with the mineral laws of Africa, and building a network of African
mineral law specialists. She is also a steering committee member of
the IBA's Academic Advisory Group for the Section on Energy,
Environment, Resource, and Infrastructure Law. LeRoy Paddock is a
Distinguished Professorial Lecturer in Environmental Law at The
George Washington University Law School. He served for 12 years as
Associate Dean for the Environmental Law
Studies at The George Washington University Law School. LeRoy
previously was Director of Environmental Law Programs at Pace
University's Haub School of Law. He is the author of numerous book
chapters
and articles in a wide range of areas including energy,
environmental governance, environmental enforcement, and natural
resources protection. Prior to his academic career, he has authored
five book chapters for AAG books. LeRoy served for 20 years as an
Assistant Attorney General for the State of Minnesota where he was
Director of Environmental Policy for the Attorney General for 13
years and Manager of the Office's Agriculture and Natural Resources
Division. Milton Fernando Montoya has
undertaken postdoctoral studies at the University of Dundee (UK),
Ph.D. at Universidad Complutense de Madrid (Spain), Master in
Energy Law at the Instituto Superior de la Energía (Spain), after
graduating at
the Universidad Externado de Colombia. He is Research Director at
the Institute of Mining and Energy Law at Universidad Externado de
Colombia and Honorary Lecturer at the Centre for Energy, Petroleum
and Mineral Law, and Policy, University of Dundee. Professor
Montoya is a Member of the Academic Advisory Group, Section on
Energy, Environment, Natural Resources, and Infrastructure Law
(SEERIL) of the International Bar Association (IBA) and a Member of
the board at the Colombian Mining and
Petroleum Bar Association. He is founding partner at Estudio
Jurídico Montoya & Asociados. Iñigo del Guayo is Professor in
Administrative Law at the University of Almería. LLM and Ph.D.
(University of
Navarre). He has researched and published widely in the area of
Energy Law, within a broader 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, 2001,
2007 and 2016) and Chair of the Academic Advisory Group (AAG) of
the Section on Energy, Environment, Resources, and Infrastructure
Law (SEERIL) of the International
Bar Association (IBA). Professor del Guayo is also Director of the
Master on Energy Law, of the Spanish Energy Club; vice-president of
the Spanish Energy Law Association (AEDEN); and a member of the
scientific
committee of the European Federation of Energy Law Associations
(EFELA).
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