Journal of international economic law, 2023, Vol. 26, No. 4, pp. 649-662The question of human rights and energy has been traditionally framed as an analysis of limitations on energy transactions arising from substantive and procedural human rights. Whereas the negative externality framing of human rights sets safeguards against the adverse effects of energy transactions and thereby restrains how such transactions are conducted, it overlooks a more fundamental dimension, the conferral of entitlements. Indeed, human rights define entitlements over energy resources, setting competing claims that limit not only how energy transactions are conducted but also the very power to conduct them in the first place. The entitlement dimension of human rights also unveils a wider question, namely the competing claims of a variety of collective subjects against the entitlement of the territorial or coastal States. In other words, such reframing opposes two logics of international law, each based on a different conception of the source from which entitlements flow. This article investigates the externality-avoidance and entitlement function of human rights in the context of international energy transactions. It reviews the most relevant judicial and quasi-judicial practice at the international level to illustrate the implications of framing the function of human rights from one or the other perspective.
The rewable energy resources within EU27 are highly dominated by wind and solar energy delivering electricity as output. As electrification is the most efficient way to deliver the energy services [...]
Manufacturing firms in the EU face the double challenge of decarbonisation and (international) competitive pressure. Based on the key findings of the 2024 EIB investment survey and considering the economic [...]
Regulation 1370/2007, as amended by the Fourth Railway Package, set the date of 25 December 2023 for the opening to competition of services subject to public service obligations. As opposed [...]
This policy brief contends that a new approach to Long Term Contracts (LTCs) in European competition policy based on new facts, new realities and a revised reasoning must be urgently [...]
In the North Seas region, a coalition of 9 countries expressed the ambition to quadruple their offshore wind capacity from 30 GW to 120 GW by 2030, and to then [...]
The EU's non-financial reporting (NFR) regulations have significant impacts on Global South stakeholders, firms that must report, actors lower in the value chain, and organisations seeking investment from NFR-compliant firms [...]
Join our community
To meet, discuss and learn in the channel that suits you best.
Read it on Cadmus Download in open access
