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A Case for an International Legal Regime on Renewable Energy

A Case for an International Legal Regime on Renewable Energy. Peter Kayode Oniemola RLRG Seminar, School of Law University of Aberdeen 22 June 2011. Outline. Introduction The Push towards Renewable Energy - Energy Security - Climate Change and other environmental concerns

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A Case for an International Legal Regime on Renewable Energy

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  1. A Case for an International Legal Regime on Renewable Energy Peter Kayode Oniemola RLRG Seminar, School of Law University of Aberdeen 22 June 2011

  2. Outline • Introduction • The Push towards Renewable Energy -Energy Security -Climate Change and other environmental concerns • International Regimes Relevant to Renewable Energy -Soft Laws -Treaties • Post-2012 Climate Change Negotiations • Statute of International Renewable Energy Agency (IRENA) • The Emergence of a Treaty on Renewable Energy • Conclusion

  3. Introduction • Renewable energy has the potential of contributing to energy security and climate change mitigation. • International environmental law instruments give credence to the promotion of Renewable Energy for climate change mitigation. • Existing international law instruments relevant to renewable energy are inadequate. • A need for a multilateral treaty on the promotion of renewable energy is important.

  4. Push Towards Renewable Energy • Energy Security • Climate change and other environmental concerns

  5. Soft Laws • Clearly articulated in Soft laws are steps to promote renewable energy: -Rio Declaration -Agenda 21 -Johannesburg Plan of Implementation -The Group of Eight (G8) Gleneagles 2005 Plan of Action -Beijing Declaration on Renewable Energy for Sustainable Development. • The documents call for measures promoting renewable energy and transfer of environmentally sound technologies. • Soft laws are not binding in international law.

  6. Treaties • United Nations Convention on the Law of the Sea (UNCLOS) 1982 -Recognition of the sovereign rights of nation states to the economic exploitation and exploration of natural resources within their exclusive territorial and economic zones. -The rights include the production of energy from renewable energy sources wind and ocean; and the right to construct turbines, subject to the obligation to respect the rights of other states and the safe removal of installations when abandoned. - A need for a caveat in decommissioning in relation to renewable energy technology installations.

  7. United Nations Framework Convention on Climate Change (UNFCCC) • Ultimate objective: Climate change mitigation and sustainable development. • Enjoins State Parties to take measures to mitigate climate change. • Transfer of environmentally sound technology. • Steps to promote renewable energy. • No clear provisions on the renewable energy.

  8. Kyoto Protocol • Commits developed countries to binding mitigation targets. • Transfer of environmentally sound technologies • Clean Development Mechanism (CDM) projects on renewable energy. • Joint Implementation projects on renewable energy • The CDM and JI have been characterised by implementation and distribution problems. • The design of the CDM and JI favour other mitigation measures/sectors.

  9. Post-2012 Climate Change Negotiations • The Bali Road-Map and the current negotiations for a post-2012 climate change regime are limited on matters bothering on renewable energy. • The Copenhagen Conference and Accord as well as the Conference at Cancun pay more attention to other mitigation measures. • Renewable energy lacks prominence in the ongoing negotiation process for a post-2012 climate change regime.

  10. Statute of International Renewable Energy Agency • The first international treaty created to set up an agency specifically devoted on the promotion of renewable energy. • IRENA’s goal is to promote the widespread and increased adoption and the sustainable use of all forms of renewable energy. • IRENA lacks the capacity which States may possess in enhancing the promotion of renewable energy in their respective jurisdictions.

  11. Towards an Emerging Treaty ... • The existing international regimes have not effectively addressed the promotion of renewable energy. • A treaty on renewable energy is paramount. • A need for the integration of existing rules. • The treaty provisions should bind parties by committing them to set targets and schemes on the promotion of renewable energy. • Removing barriers to renewable energy development, investment and trade. • Balancing the promotion of renewable energy with sustainable development.

  12. CONCLUSION Considering the potential role of renewable energy, there is a need for the emergence of a multilateral treaty on the promotion of renewable energy

  13. THANK YOU PETER ONIEMOLA

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